Mental Capacity Act 2005
Explains how the Mental Capacity Act affects you and how you can plan ahead for when you no longer have the mental capacity to make decisions for yourself. Applies to England and Wales.
What's a deputy?
A deputy is a person the Court of Protection appoints to make decisions for you. They can do this when you’ve lost capacity to make decisions yourself.
A deputy is different to an attorney. An attorney is someone you appoint yourself, while you still have capacity.
The court can appoint two different types of deputy. This is either to make decisions about your personal welfare, or to make decisions about your property and affairs.
The Court generally appoints deputies to make decisions about property and affairs. For example, if you have regular care home fees that you need to pay. Or if you have property which needs some work done on it before it can be sold.
The Court will usually appoint a deputy if:
- You haven't appointed an attorney under a lasting power of attorney
- A series of decisions must be made
The Court can decide:
- The length of the appointment
- What level of supervision you need from a deputy
- What fees you'll have to pay the Court (the UK Government website has information about court fees)
- Whether the deputy should be paid for their work from your income or savings
The Court may ask your deputy to pay a security deposit before they spend any of your money. And ask them to keep regular accounts of when they spend your money.
If your finances are complex, it’s more likely that the Court would appoint a professional deputy, who might be paid with your money.
The Court can also make a one-off decision for you without appointing a deputy.
Who could be my deputy?
A deputy can be a friend, family member or professional with the right skills. But they must:
- Be aged 18 years or older
- Have the mental capacity to be your deputy
Anyone applying to the Court of Protection to act as your deputy would need to show that:
- It’s in your best interests. This means considering your values, views and preferences, and consulting people who play an important part in your life
- They have the skills and ability to carry out the duties of a deputy
- They’ll be trustworthy and reliable
The UK government website has information on how to apply to be a deputy. This includes a page where you can apply to be a Property and Affairs deputy.
Are there any decisions a deputy isn't allowed to make?
A deputy usually cannot make a decision that:
- They’re not authorised to make by the Court of Protection
- You have the capacity to make yourself
- Restrains you or your freedom of movement, unless the Court of Protection has authorised this
- Uses force to prevent you from doing something or going somewhere
- Goes against a decision made by your attorney acting under a lasting power of attorney
- Refuses any treatment that would help you to stay alive for longer, should you develop a life-threatening medical condition in the future
- You’ve already covered in an advance decision
But a deputy appointed to make healthcare or personal care decisions on your behalf will usually be able to decide matters such as:
- Where you'll live
- Who you’ll be able to have contact with. But they cannot permanently ban contact with someone
- Whether or not you should have medical treatment, except for life-sustaining treatment and some unusual or complex medical procedures
The Court won't appoint a healthcare or welfare deputy unless there's a need to make regular welfare decisions. The Court will usually make a one-off decision itself, rather than appoint a deputy. For example, if there's a disagreement over where you should live.
What happens if a deputy doesn't act in my best interests?
The Court of Protection can remove a deputy, or change the type of authority they have to make decisions for you, if they've:
- Not acted in your best interests
- Become incapable of acting as your deputy
- Acted outside of their powers
The Office of the Public Guardian supervises deputies. You, or anyone supporting you, can complain to them if you have concerns about the way a deputy is acting. This includes if you feel they aren’t acting in your best interests.
Court of Protection
The Court of Protection makes decisions and appoints deputies to act on your behalf if you are unable to make decisions about your personal health, finance or welfare.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsBest interests
Health professionals must act in your best interests before taking certain steps that affect your care and treatment.
The Mental Capacity Act has a best interests checklist, which outlines what health professionals need to consider before taking an action or decision for you while you lack capacity.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsDeputy
A deputy is a person the Court of Protection appoints to make decisions for you once you have lost capacity to make them yourself. A deputy usually makes decisions about finances and property. The court can appoint a deputy to take healthcare and personal care decisions, though this is relatively rare.
Visit our full listing of Legal TermsAttorney
An attorney is a person over the age of 18 whom you have appointed to make decisions on your behalf about your welfare and/or your property and financial affairs. You need an attorney if you are unable to make such decisions yourself. If you do not have the capacity to appoint an attorney, the Court of Protection will appoint a deputy to perform this role.
- A health and welfare attorney makes decisions about things like your daily routine, your medical care, where you live and, if you specially request this, whether you should have life-sustaining treatment.
- A property and financial affairs attorney makes decisions about things like paying bills, collecting benefits and selling your home.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsAdvance decision
An advance decision is a statement of instructions about what medical treatment you want to refuse in case you lose the capacity to make these decisions in the future. It is legally binding.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsLasting power of attorney
A lasting power of attorney is a legal document that lets you appoint someone, called an attorney, to make decisions for you.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsCapacity
'Capacity' means the ability to understand information and make decisions about your life. Sometimes it can also mean the ability to communicate decisions about your life.
For example, if you do not understand the information and are unable to make a decision about your treatment, you are said to 'lack capacity' to make decisions about your treatment.
See our pages on the Mental Capacity Act for more information.
Visit our full listing of Legal TermsThis information was published in April 2023. We'll revise it in 2026.
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