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What is a Deputy and when should they be appointed?

A Deputy is someone appointed by the Court to make decisions for someone who is mentally incapable of doing so on their own. A Deputy is responsible for making decisions for a mentally incapable person until either the death or recovery of that person. A Deputy is usually a close friend or relative of the person concerned but can be a professional such as a solicitor, or a local authority.

There are two types of Deputy:

  • A Property & Financial Affairs Deputy; and
  • A Health & Welfare Deputy.

Prior to applying to the Court to be appointed as someone’s Deputy, it is possible to search the Office of the Public Guardian (OPG) Registers to see if somebody already has a Deputy, or an Attorney under a registered Lasting Power of Attorney or a registered Enduring Power of Attorney. Such a search will not reveal if someone has an Attorney under an unregistered EPA. The Court will not usually appoint a Deputy if the person has already made an LPA or EPA.

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