header-logo header-logo

Don’t shoot the deputy

11 March 2016 / Naomi O’Higgins
Issue: 7690 / Categories: Features , Mental health
printer mail-detail
001_nlj_7690_higgins

Naomi O’Higgins explains the role & responsibilities of deputies under the Mental Capacity Act 2005

Where a person, referred to in the Mental Capacity Act 2005 (MCA 2005) and in this article as “P”, no longer has mental capacity to manage his or her own property and affairs, but did not make a power of attorney while he or she had capacity, it is often necessary for an application to be made to the Court of Protection (COP) for the appointment of a person, known as a deputy, to make day-to-day decisions about and to manage and supervise P’s property and affairs.

A deputy can also be appointed to deal with P’s health and welfare, but the focus of this article is property and affairs deputyships.

Appointment of a deputy

A decision as to whether to appoint a deputy is one that must be taken in P’s best interests. Section 4 of MCA 2005 provides a checklist of factors that anyone, including the court, making a decision must consider when deciding what is in

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll