The role and duties of a Deputy

The Deputy order you receive from the Court of Protection will set out the extent of your powers. It can apply to any area in which the person could have acted or made decisions for themselves if they had the capacity to do so.

Your powers might relate to:

  • finances;
  • personal welfare, such as giving or withholding consent to medical treatment and/or social care interventions.

Powers given will depend on the needs of the person you have been appointed to assist and also the Court's decision.

When acting as Deputy the decisions you make can have a major impact on the person who lacks capacity. In order to carry out your responsibilities sensitively, responsibly and rigorously you should always:

  • only make those decisions you are authorised to make by the order of the Court;
  • adhere to the Act's five statutory principles;
  • make decisions in the person's best interests;
  • fulfil your duty to apply certain standards of care and skill (a duty of care) when making decisions; and
  • have regard to all relevant guidance in the Code.

The Office of the Public Guardian expects that you will keep us informed of any changes in contact details for yourself or the person who lacks capacity.

Our booklet PDF document OPG510 - A guide for Deputies appointed by the Court of Protection (PDF 0.28MB) provides more detailed information for anyone appointed to the role of Deputy.

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