Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Deputy definition

What does Deputy mean? Someone appointed by a court to make decisions for an adult who lacks capacity. In England and Wales, a deputy is appointed by the Court of Protection under the Mental Capacity Act 2005 (MCA 2005). Deputies usually manage property and financial affairs; health and welfare deputies are rarer and authorised where necessary. A deputy must act in the person’s best interests, within the scope of the order, follow the MCA 2005 and its code of practice, keep proper accounts, report to the Office of the Public Guardian. Appointment is typically considered where there is no valid lasting power of...

Deputyship under the MCA 2005 (England and Wales): duties, powers, best interests and OPG standards

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Practice notes

Duties

The obligations of court-appointed deputies are defined by the Mental Capacity Act 2005 (MCA 2005) and its Code of practice (MCA 2005 Code of Practice). In addition, the Office of the Public Guardian (OPG)’s Deputy standards outline what is required of lay, Public Authority and professional court-appointed deputies. Further obligations appear in the deputy’s declaration on Form COP4. General duties arising under the law of Agency also apply.

The deputyship order

A deputy must operate strictly within the specific parameters of the authority granted by the court, as described in the order of appointment. Where a deputy considers that the powers in the appointment order are not sufficient to carry out their responsibilities effectively, they must apply to the court (using Form COP1 and a witness statement on Form COP24) to either:

ask the court to make the decision in question, or
ask the court to vary the powers set out in the appointment order

For further guidance, see Practice Note: The deputyship order.

MCA 2005—the statutory principles

All deputies must act in accordance with the five statutory principles...

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Web page updated on 21/05/2026

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