What Are the Court of Protection and Deputyship?

The Court of Protection often enters a family’s life at a point they did not plan for.

A parent develops dementia without a Lasting Power of Attorney. A serious brain injury leaves somebody unable to manage compensation or property. A decision about money, care or where somebody should live cannot be resolved informally.

The Court of Protection is the specialist court in England and Wales that deals with decisions for people who lack mental capacity to make a particular decision themselves. Deputyship is one of the legal arrangements the court can use, but the two terms do not mean the same thing.

What does the Court of Protection actually do?

The court can decide whether somebody has capacity to make a particular decision, make a decision on their behalf, appoint a deputy for certain ongoing decisions, deal with disputes about Lasting or Enduring Powers of Attorney and consider applications involving matters such as statutory wills or gifts.

It can also deal with urgent or emergency applications.

The important point is that the court’s role is connected to a person’s capacity for the decision in question. A diagnosis such as dementia does not by itself transfer every decision to the court.

What is a deputy?

A deputy is a person appointed by the Court of Protection and authorised by a court order to make specified decisions for somebody who lacks capacity.

This differs from an LPA. With an LPA, the individual chooses people to act while they still have the capacity required to make the document. With deputyship, the court makes the appointment after capacity for the relevant decisions has been lost.

The court order sets out what the deputy can and cannot do.

Property and financial affairs is the more common practical problem

Families often encounter deputyship because money or property needs to be managed and no valid LPA or Enduring Power of Attorney provides the necessary authority.

A property and financial affairs deputy might, within the court order, deal with matters such as bank accounts, bills, property or other finances.

There is also a personal welfare deputyship route, but an ongoing welfare deputy is not required simply because somebody lacks capacity. The court can make one-off welfare decisions where appropriate, and welfare deputy appointments are treated differently.

Being next of kin is not a substitute

“Next of kin” is useful language in hospitals and families, but it does not create a general legal power to take over another adult’s finances.

A spouse cannot automatically sell a solely owned house. An adult child cannot automatically access a parent’s bank account. Caring for somebody for years does not itself create financial authority.

Before applying to court, check whether an LPA or an older Enduring Power of Attorney already exists and identify the specific decision that actually needs legal authority.

Deputies remain accountable

Deputyship is not ownership of the person’s money or life.

A deputy must act within the court order, consider capacity for each decision, support the person to participate, act in their best interests and keep appropriate records.

Property and affairs deputies are supervised by the Office of the Public Guardian and normally report on the decisions and finances they manage.

The court order, rather than the deputy’s family relationship, is the source of authority.

Not every problem needs a deputy

Government guidance expressly recognises alternatives.

Someone dealing only with a person’s benefits may be able to become a benefits appointee rather than a deputy. A one-off Court of Protection order may be appropriate where only a single important decision is needed. Existing LPA or EPA authority may mean deputyship is unnecessary.

This is why the useful starting question is “what decision needs to be made and who currently has authority?” rather than “how do I become Dad’s deputy?”

Last reviewed

5 September 2026

Important legal informationThis guide provides general information only and does not constitute legal advice. It is not intended to recommend any particular legal arrangement, course of action or solution. Wills, inheritance, trusts, powers of attorney, mental capacity and related matters can have significant legal and financial consequences, and the appropriate approach will depend on individual circumstances. Professionally qualified legal advice should be sought before making, changing or acting upon important legal arrangements or decisions.