Deputyship: When It’s Too Late for a Lasting Power of Attorney

When someone loses the ability to manage their affairs – through dementia, a brain injury, or serious illness – the assumption is often that a partner or child can just “step in”. But unless a Lasting Power of Attorney is already in place, that is rarely the case.

The Times recently highlighted this in an interview with solicitor Annabelle Vaughan, who explained that deputyship through the Court of Protection is often the only option – but it is not always quick or simple.

“I couldn’t even pay Mum’s care fees”

Take Jo, for example. Her mother, who had always managed her own finances, suffered a stroke and was left unable to communicate. Jo assumed she’d be able to speak to the bank and arrange payment for care. She was told she couldn’t – even though she was her only child. The only route was to apply to the Court of Protection to become her mother’s deputy. It took six months, just to get authority to access the account.

What is a deputy?

A deputy is someone appointed by the Court of Protection to manage the affairs of someone who lacks capacity. There are two types:

• Property & Financial Affairs deputy – handles things like bills, pensions, and selling a house.
• Health & Welfare deputy – makes decisions about care and medical treatment (but see below – these are rarely granted).

The court will only appoint a deputy if someone no longer has the capacity to make their own decisions – and there’s no valid power of attorney in place.

Why health and welfare deputyship is rare

Many clients are surprised to hear that the Court of Protection very rarely appoints a health and welfare deputy. In most cases, the Court prefers decisions about care, medical treatment and living arrangements to be made under the Mental Capacity Act’s framework, on a best interests basis – not by a single court-appointed individual.

In practice, this means:

• Doctors, social workers, and care providers can make decisions they believe are in the person’s best interests – after consulting family members – without needing a court order.
• If there is disagreement about what’s best, the matter can be referred to the Court of Protection for a specific ruling. But a general deputyship for health and welfare will not usually be granted unless:
• There is ongoing conflict in the family or with professionals.
• The decisions needed are complex, frequent, and not suitable for case-by-case court involvement.
• The person is especially vulnerable or there’s a pattern of concern about how decisions are being made.

The better route? Make a Lasting Power of Attorney for Health and Welfare while the person still has capacity. This allows you to choose who will make decisions, and whether they can consent to or refuse life-sustaining treatment on your behalf.

What you need to know about deputyship

1. It’s not instant.

Applications for property and financial deputyship can take 4–6 months or longer – a long wait if someone needs to pay for care or sort urgent bills.

2. It’s not automatic.

Being a spouse or child doesn’t give legal authority. The Court decides who to appoint.

3. It’s regulated.

Deputies must account for every penny, submit reports, and follow strict rules. It’s not just “helping out” – it’s a formal legal role.

4. It’s expensive.

Court fees, reports, insurance, and legal help can add up to several thousand pounds.

5. It’s avoidable – with the right planning.

A pair of Lasting Powers of Attorney (for finances and for health) puts you in control and spares your family the stress and delay of court.

Real talk: “It’s like running someone else’s life through a spreadsheet”

That’s how one client described acting as deputy for his sister. “She never had much money, but it still takes hours of paperwork and I second-guess every decision”. For many deputies, it’s a labour of love – but it is a labour.

Annabelle Vaughan’s message is clear: the deputyship system matters, but it’s under pressure. Good legal advice can make all the difference – whether you are stepping in as a deputy, or still have time to put proper safeguards in place.

Lasting Powers of Attorney: How we can help

If you are acting as a deputy, or wondering whether it is time to put a power of attorney in place, our Private Client Lawyers would be happy to guide you. Planning early can save a lot of heartache later on. Get in touch with one of our experienced Private Client Lawyers today by calling 0800 086 2929, emailing info@elitelawsolicitors.co.uk or by completing our Free Online Enquiry Form.