Becoming a deputy for a person with dementia

5. Duties of a deputy

If you are thinking of becoming a deputy for a person with dementia, it is important to consider the continuing responsibilities involved. There are many tasks and responsibilities that you will be taking on, and these are outlined below. Support, guidance and information are available for deputies from the Office of the Public Guardian (see 'Support from the Office of the Public Guardian' below for more details). When acting as a deputy and making decisions on behalf of another person, you will have specific responsibilities. These include a duty to:

  • act with due care and skill (duty of care)
  • not take advantage of the situation of the person with dementia (fiduciary duty)
  • protect the person against liability to third parties caused by the deputy's negligence
  • not delegate your duties unless authorised to do so
  • act in good faith
  • respect the person's confidentiality
  • comply with the directions of the Court of Protection.

If you are a deputy for property and affairs, you also have a duty to:

  • keep accounts
  • keep the person's money and property separate from your own, for example by using separate bank accounts.