JMD Law - Solicitors

A Deputy is a person appointed by the Court of Protection to make decisions on behalf of someone (who the Court calls "P") who has lost their mental capacity to make decisions for themselves. A Deputy is appointed where day-to-day decisions need to made over an extended period and it is impracticable for the Court of Protection itself to be involved in such decisions. The difference between a Deputy and a valid Lasting Power of Attorney is that a Lasting Power of Attorney is made by P at a time when P has mental capacity and so at that time, chooses who will act for him or her in the event of their incapacity. A Deputy on the other hand is someone the Court of Protection appoints, usually on the application of a person, at a time when P has already lost capacity.