What Happens After You Become a Deputy?

Your First Year Explained

When the Court of Protection appoints you as a Deputy, it can feel like the end of a long application process. The first year is often the steepest learning curve, especially if you are a family member stepping into the role for the first time. This blog outlines what to expect in your first 12 months as Deputy and how to approach the role with confidence.

Understanding the Court Order

Once appointed, you will receive a sealed Deputyship Order which sets out:

1. The decisions you are authorised to make
2. Any restrictions on your authority
3. Requirements imposed by the Court

It is essential to read the order carefully as Deputies must act strictly within the powers granted. If you are unsure whether a decision is permitted, professional advice can prevent accidental overstepping.

Practical steps

Opening a bank account

You must keep P's finances separate from your own and open a Deputy account which allows you to:

• Pay bills and care fees
• Receive income and benefits
• Keep clear records for reporting

Notifying third parties

You will need to inform the following third parties and provide them with a copy of the Order so they can update their records:

• Banks and building societies
• Pension providers
• Utility companies
• Care providers
• Local Authorities

Working with the Office of the Public Guardian (OPG)

The OPG supervises Deputies and ensures decisions are made in P's best interests. In your first year, you can expect:

• Guidance on your responsibilities
• A supervision level to be assigned (usually “general” for new Deputies)
• Contact from a Court Visitor, who may arrange a meeting to check how things are going

This is an opportunity to ask questions and ensure you are on the right track.

Keeping records

Good record keeping is the backbone of effective Deputyship. You should keep:

• Bank statements
• Receipts and invoices
• Care plans or assessments
• Notes of significant decisions
• Details of conversations with professionals

Think of it as building a clear picture of how you have managed P's affairs.

The annual OPG report

Every Deputy must complete an annual report for the OPG. This includes:

• A breakdown of income and expenditure
• Major decisions made during the year
• Evidence that you have acted in P's best interests

The report helps the OPG understand whether you need additional support.

Making decisions in P's best interests

Throughout the year, you will make decisions about:

• Funding care
• Maintaining property
• Paying bills and managing savings
• Purchasing items for P's wellbeing

The Mental Capacity Act requires you to:

• Consider P's wishes, feelings and values
• Consult with family members and professionals where appropriate
• Choose the least restrictive option

If a decision falls outside your authority (such as selling a property or making a Statutory Will) you may need to return to the Court for permission.

Common challenges in the first year

Family disagreements

Deputies often find themselves mediating between relatives with different views. Clear communication and careful documentation help keep matters calm and transparent.

Complex finances

Multiple accounts, investments or property can be overwhelming. Professional support from solicitors or financial advisers can be invaluable.

Emotional strain

Acting as a Deputy for a loved one can be emotionally demanding. It is normal to feel pressure and seeking guidance early can prevent issues later.

When to seek professional advice

You should consider legal advice if:

• You are unsure whether a decision is within your authority
• You need to apply for additional powers
• There are concerns about financial abuse
• You are struggling to manage the role

Contact us

If you need support at any stage whether with reporting, decision making or further applications the Court of Protection team at Chattertons are here to help.

Local Chattertons Office

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