If a person lacks mental capacity and has not previously executed a power of attorney, it is likely that they will require the assistance of a deputy to manage their financial affairs and, in limited circumstances, to make health and welfare decisions.

Because they play such an important role, it is critical that the person chosen to be your deputy is the right person for the job. It is critical that they consider your wishes whenever possible and do not impose their own opinions and judgments, as all decisions must be made in your best interests, as outlined in the Mental Capacity Act 2005.

A deputy must be at least 18 years old and have the necessary mental capacity. It could be a relative or a friend. It could also be a professional, such as a lawyer. In complex cases, especially those involving large sums of money or family disputes, the court may prefer to appoint a professional deputy. It is also possible for a family member or friend to act in tandem with a professional deputy.

When making a decision, remember to:

• Make certain that it is in the best interests of the other person.
• Consider what they've done previously.
• Apply a high standard of care - this may imply involving others, such as relatives and professionals such as doctors.
• Do everything you can to help the other person understand the decision, such as using pictures or sign language to explain what will happen.
• Include the decisions in your annual report, which is due each year. The OPG may also wish to visit you on occasion to ensure that the needs of the protected parties are fully met.

You must not:

• Restrain the person unless it is to prevent them from harming themselves.
• Stop life-sustaining medical treatment.
• Take advantage of the situation, for example, by abusing them or profiting from a decision you made on their behalf.
• Make a Will for the individual or amend their existing Will.
• Unless the court orders otherwise, make gifts.
• Hold any money or property in your own name on behalf of the person.
• In your annual report, you keep track of the finances you manage on their behalf.

As a result, the list of 'dos' and 'donts' is lengthy, which is why many people choose to appoint a professional to handle matters on their loved ones' behalf. It is important to note that if you intentionally mistreat or neglect the person, you could be fined or imprisoned for up to 5 years (or both).

MWQ Estate Planning has extensive experience dealing with Court of Protection deputyships. We can handle everything from simple bill payments and ensuring care plans are in place, to the purchase and adaptation of properties to meet the needs of a specific client.