Court of Protection
Deputyship orders and being a Deputy
Do I need both types of Deputyship Order?
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The two types of Deputyship Order allow you to make different decisions for someone who has lost mental capacity.
If the person is struggling to make decisions regarding their finance and property, you will need a Property and Financial Affairs Deputyship Order.
If the person cannot make decisions about their personal welfare (such as how they are looked after), you might need a Personal Welfare Deputyship Order. However, the Court is usually more reluctant to make this type of order. It will only be made if:
- There is some sort of dispute as to how they should be cared for – for example, the family disagree about care, or there are continual disagreements with the Local Authority.
- It makes sense for someone to be appointed to make decisions about particular aspects of the person’s care where these decisions will come up repeatedly over time.
You don’t need a Deputyship Order to simply care for someone day-to-day as this is covered by Section 5 of the Mental Capacity Act.
Rather than making a Personal Welfare Deputyship Order, the Court may prefer to assist with certain decisions. This might arise if, for example, the family disagrees with a Local Authority decision as to some aspect of the person’s care. However as noted above, if ongoing disagreements occur or seem likely to occur, a Personal Welfare Deputyship Order will be necessary.
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