Imagine this: someone you love – perhaps a parent, partner, sibling, or close friend – loses the ability to make important decisions about their life. It might be through illness, accident, or simply old age. What happens next?
You can step in.
As a “deputy” appointed by the Court of Protection, you can be legally empowered to make decisions for someone who can no longer decide for themselves. Becoming a deputy is a big responsibility – but it is also a powerful way to protect their dignity, their safety, and their future.
What does a Deputy actually do?
There are two types of deputyship. You might apply for one, or both:
Property & Financial Affairs:
- Managing bank accounts
- Paying bills and rent
- Handling pensions or benefits
- Selling property if needed
Health & Personal Welfare:
- Medical treatment decisions
- Where the person should live
- Day-to-day care arrangements
- Deciding who they should (or shouldn’t) have contact with
Note: Personal welfare deputyship orders are rarer and usually only granted where there are serious or ongoing issues about care.
Who can become a Deputy?
You don’t have to be a solicitor or a social worker. Many deputies are:
- Family members
- Close friends
- Trusted professionals
The Court will check that you are suitable and that it is genuinely in the person’s best interests for a deputy to be appointed.
What’s the process of becoming a Deputy?
Becoming a deputy involves:
- Completing detailed application forms
- Arranging a professional mental capacity assessment for the person
- Telling (notifying) family and key people about your application
- Waiting for the Court of Protection to review and decide
If you are applying to manage finances, you will also need to arrange a “security bond”. This is an insurance policy that protects the person’s money in case something goes wrong.
What does it cost to become a Deputy?
Here’s a quick snapshot of the court fees (as at April 2025):
- Application fee: £421 (per type)
- Court hearing (if needed): £494
- First-year supervision: £320
- Ongoing supervision: £35–£320/year
- Assessment fee (once only): £100
Good news: If the person’s income is low or they receive benefits, they might qualify for a fee exemption or reduction.
Your application to become a Deputy
We strongly recommend that you use a solicitor to help with your application to become a deputy. If you do, it is important to choose a solicitor for whom this is a special area of work, as it is quite involved and it is easy to get things wrong.
If you use a solicitor, it is perfectly reasonable to want their legal fees to be paid from your loved one’s funds. After all, the application is being made for their benefit. However, in order for that to happen, the Court of Protection must give permission. Without the court’s approval, the solicitor’s fees would need to be paid for privately and cannot be reimbursed from your loved one’s estate later on.
When we act for deputies, we usually ask the court, as part of the application, to authorise payment of our legal costs from your loved one’s funds. To support this, we include a clear estimate of our fees, showing what they cover, such as preparing the application forms, corresponding with the court, and advising you throughout the process. This helps the court to assess whether the costs are reasonable and in your loved one’s best interests, which is their top priority.
Being transparent about fees at this stage avoids any confusion or delays further down the line. It also protects you from the risk of paying costs personally if the court does not approve them. If the court grants the request, the solicitor can then be paid directly from your loved one’s funds once the order has been made.
We guide deputies through this process step by step, making sure the court has all the information it needs to make a fair decision. If you have any questions at all about this, please just ask – we are here to help.
What happens once you’re appointed?
Once the Court issues the deputyship order, your duties begin. You’ll be expected to:
- Make decisions in the person’s best interests
- Keep accurate records (especially if you’re managing money)
- Report annually to the Office of the Public Guardian
This isn’t just a legal role, it’s a position of trust.
Final thoughts: Could you be a Deputy?
Final thoughts: Could you be a Deputy?Becoming a deputy isn’t for everyone, it requires time, patience, and care. But it can be one of the most compassionate things that you ever do for someone.
It’s about stepping up when someone can’t speak up for themselves. About being the one to make sure they’re safe, respected, and cared for.
If you’re ready – or even just curious – we are here to guide you through the whole process.
Need advice?
Whether you’re looking to apply or just want to understand your options, talk to us. We can explain everything in plain English and help you make the right choice for you – and for them. Simply call 0800 086 2929, email info@elitelawsolicitors.co.uk or complete our Free Online Enquiry Form to book a free initial consultation with one of our experienced Private Client Lawyers.
