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This is a guide on how a Deputy can successfully and easily manage a vulnerable person’s affairs.
Definition of a Deputy
A Deputy is a person appointed by the Court of Protection to manage the affairs of another person, who lacks the mental capacity. A Deputy can only act under a court order from the Court of Protection. This order sets out the Deputy’s powers. A Deputy will not be required if the person lacking capacity has previously made a Lasting or Enduring Power of Attorney.
There are two types of deputy:
- property and financial affairs e.g. paying bills
- personal welfare e.g. making decisions about how someone is looked after
You can apply to be just one type of deputy or both.
Process of Becoming a Deputy
The Court of Protection (in England and Wales) protects the rights of people who do not have mental capacity. They are able to issue a court order to appoint a ‘deputy appointment’. This will usually be a close friend or family member, but in circumstances where this is not possible a specialist deputy or solicitor from an approved law firm can become a Deputy and take decisions in the best interest of their client. In some cases they may appoint more than one Deputy.
To apply to become a Deputy visit gov.uk.
Responsibilities of a Deputy
When making a decision a Deputy must:
- make sure it is in the other person’s best interests
- consider what they’ve done in the past
- do everything they can to help the other person understand the decision.
A Deputy must not:
Property and Affairs Financial Deputies
Must make certain:
- your own property and money is separate from the other person’s
- you keep records of the finances you manage.
Operating a Savings Account as a Deputy
To access an account as a Deputy we will require:
- A certified copy of the court order
- Proof of your name and address, and that of the account holder if they do not already have an existing account with us.
Please contact our Customer Support Team on 01225 423271 for further information, or visit Personal Savings to see our range of accounts.
Professional Deputies may benefit from some of our other professional services, to discuss how a Bath Online Client Account may be of value to your practice please contact:
Noel Broomfield, Investment Manager Telephone: 01225 475704 Email: firstname.lastname@example.org.
The information given in this guide is based on Bath Building Society’s understanding of Power of Attorney as at March 2015, which may change in future. It does not constitute a recommendation and individuals are advised to seek professional independent advice.