What is a Professional Deputy?
Created: 5 April 2025
What is a Professional Deputy?
A professional deputy is an individual appointed by the Court of Protection to manage the financial and personal affairs of someone who is unable to do so themselves due to a lack of mental capacity. This role is typically required when a person is deemed incapable of making decisions for themselves because of conditions such as dementia, brain injury, learning disability or other impairments that affect their ability to manage their own affairs.
Professional deputies are typically experienced professionals, often lawyers or accountants, who have the skills and expertise to handle the complex responsibilities that come with this role. They are usually appointed by the Court of Protection, which oversees the welfare of people who lack mental capacity in England and Wales. Deputies act in the best interests of the individual and are responsible for ensuring that their financial, health, and welfare needs are met.
Key Responsibilities of a Professional Deputy
- Managing Finances: This includes handling the person’s income, paying bills, managing savings and investments, and ensuring that their financial resources are used appropriately.
- Making Personal Welfare Decisions: In cases where deputies hold a personal welfare order, they are responsible for making decisions about healthcare, accommodation, and general well-being.
- Care and Welfare: Deputies are involved in arranging and overseeing care plans, ensuring that the person receives proper care, and reviewing care arrangements as necessary.
- Legal Compliance: Deputies must comply with legal requirements and ensure that all decisions made are in the best interests of the individual, following legal frameworks such as the Mental Capacity Act 2005.
- Regular Reporting: Deputies are required to report to the Court of Protection regularly, providing updates on the person’s financial situation and welfare.
A professional deputy ensures that the individual’s rights are upheld, and they act as a safeguard, making decisions that are in the individual’s best interest while maintaining a high standard of care and legal responsibility.
Standards for Professional Deputies
Deputies must adhere to certain standards. The five main standards are as follows:
Standard 1: Secure the client's finances and assets Standard 2: Gain insight into the client to make decisions in their best interests Standard 3: Maintain effective internal office processes and organisation Standard 4: Have the skills and knowledge to carry out the duties of a deputy Standard 5: Health and welfare standards (specific to deputies who hold a personal welfare court order, or both a personal welfare and property and affairs court order)