Difference Between Professional & Lay Court of Protection Deputies

A Court of Protection Deputy is appointed by the Court to make decisions for someone who can’t make decisions for themselves.

Professional or Lay Deputy?

All Deputies must be 18 or over. Essentially, there are two types of Deputies, Lay and Professional. Lay Deputies are usually close family members or friends of the person who lacks capacity. A Professional Deputy has the same role but is a professional person, usually a specialist lawyer, with many years of experience dealing with the Court of Protection and Office of the Public Guardian (OPG).

Appointing a Professional Deputy may not be for everyone, but many relatives of vulnerable people do so. They find that having a professional available to help them eases their burden and is an enormous relief. Similarly, close family or friends can find it hard to be objective. And it’s reassuring to know that a Professional Deputy is open-minded and, if necessary, is there to moderate any unreasonable demands made by the protected person or others closely involved.

Deputy Responsibilities

There are two types of Court Protection Deputies:

A property and finance Deputy can manage bank accounts and pay the person’s care fees, household bills, etc. The Deputy may also need to buy or sell a property for the person to live in.

A personal welfare Deputy can decide where the person lives, the care they receive and some decisions about medical treatment. However, it is unlikely that the Court will give such general authority. Instead, it’s more likely to make a specific order on medical procedures and life-sustaining treatment.

The Deputy must comply with the Mental Capacity Act 2005 Code of Practice. They must always make decisions:

That is in the protected person’s best interests.
That the protected person is unable to make for themselves.
Allowed by the Court.
With a high standard of care.

Deputyship Applications

A judge considers applications in the Court of Protection (now known as the Office of The Public Guardian). The process can take up to six months. In addition, four official forms must be completed, and a professional capacity assessment must be carried out.

Once the Deputyship application is made, the applicant must notify specific individuals, including the relatives of the protected person. There’s usually a further two to three months before the Deputyship Order is authorised. If someone from this list objects to the Deputyship application, the proceedings become contested. This can take several months to settle.

A Deputyship Order lasts for as long as the individual concerned lacks capacity and needs someone to make decisions on their behalf.

Ending A Deputyship

Generally, a Deputyship will end:

If the protected person regains their mental capacity.
If the Deputy dies, if two or more Deputies act together, the joint appointment will no longer be valid if one Deputy dies. However, if appointed to serve jointly and severally, the surviving Deputy (s) can continue to make decisions.
If the Deputy decides they can no longer continue. If this happens, the Deputy must submit a COP1 form to the Court, requesting the appointment of a new Deputy.

Our Advice

The application process to become a Deputy and the role’s responsibility can be time-consuming and stressful. Our specialist team has many years of experience advising and helping clients to help their vulnerable relatives.

If you would like to discuss the appointment of a professional deputy for a loved one or if you are a lay deputy and require advice or assistance, or need further information about the Court of Protection and Deputyship, please don’t hesitate to contact us. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.