Types of deputyship

There are different types of deputyship. This page will tell you about the differences between them.

Types of deputyship

Property and affairs deputyship

A property and affairs deputyship is the most common form. It is used to manage a person’s financial affairs, if they can no longer do this themselves.

Usually, the court will not appoint a deputy if the person has already appointed an attorney to manage their financial affairs. Similarly, if a person has no property or savings and their only income is from benefits, there will usually be no need for a deputy to be appointed. This is because the benefits can be managed by an ‘appointee’ – a person appointed by the Department for Work and Pensions (DWP). For more information see the GOV.UK website.

Personal welfare deputyship

If the person lacks capacity to make decisions about their care and treatment and has not appointed an attorney, you can apply to become their personal welfare deputy.

Deputies for personal welfare are rare as decisions regarding these issues can usually be made in the person’s best interests by those providing care or treatment. However, if there is a disagreement as to what is in the person’s best interests, or the decision relates to serious medical treatment, it may be necessary to ask the court to intervene.

The Court of Protection does not usually appoint deputies to make ongoing decisions about someone’s health and welfare unless they need regular treatment or supervision.

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