Property and Finance Deputyships - What, why, when, how?
10th Feb 2025
What is a property and financial deputyship?
A property and financial deputyship is a legal arrangement established by the Court of Protection. It appoints someone (the 'deputy') to make decisions about another person's property and financial affairs when they do not have the mental capacity to do so themselves.
If the court approves the application, it will issue an order outlining the deputy's powers and responsibilities and deputies have a legal duty to act in the best interests of the person they represent. They should also assist in a manner which optimises a person's autonomy and decision making as far as possible.
Why are deputyships necessary?
Deputyships protect the interests of individuals who are unable to manage their finances and property. This might include difficulty paying bills, managing savings and investments, signing tenancy agreements or generally overseeing their financial well-being.
The Office of Public Guardian supervises deputies, providing guidance and support.
When are deputyships needed?
A property and financial deputy is typically needed when someone has savings, income (including work-related income), assets or property (whether owned or rented). While an appointee might suffice for individuals solely receiving state benefits, it's important to seek legal or financial advice in each individual's circumstances. Deputyships are generally the route to take when more complex financial decisions need to be made.
How does the process work?
Appointing a deputy requires an application to the Court of Protection. This application must include a Mental Capacity Assessment, documented on a form the Court of Protection call a ‘CoP3’. The CoP3 form provides an expert opinion to assist the court in determining the necessity of a deputyship. Part A of the form is completed by the applicant (often a solicitor) and Part B is completed by the mental capacity assessor.
Imara Social Work is regularly instructed to complete CoP3 forms following a comprehensive assessment. We are proud to have developed interactive toolkits to support this process.
For more information:
Applying for Deputyship: The Government Website
Support with CoP3 Assessments: Imara Social Work
