Dealing with any legal situation can be complicated, we’re here to help and guide you through. Our Court of Protection team have put together the below Glossary of terms to try and help explain the terminology most encountered when appointing Deputyship.

Glossary of terms:

Application Fee: A fee paid to the Court of Protection when submitting an application for deputyship, which varies depending on the complexity of the case and the applicant’s financial situation.

Attorney: A person appointed by an individual through an LPA to make decisions on their behalf if they lose mental capacity.

Best Interests: A principle outlined in the Mental Capacity Act, which requires any decision made on behalf of someone who lacks capacity to be in their best interests, considering their wishes, feelings, values, and any relevant circumstances.

Court of Protection: A specialist court in England and Wales that makes decisions for individuals who lack mental capacity to make decisions for themselves.

Court of Protection Rules: A set of rules governing the procedures and practices for cases brought before the Court of Protection. These rules help ensure fairness and clarity in the application process.

Court of Protection Visitor: A person appointed by the Court to visit and assess the protected person’s circumstances, to ensure their best interests are being considered and their rights are upheld.

Deprivation of Liberty Safeguards (DoLS): Legal safeguards under the Mental Capacity Act that protect individuals from being unlawfully deprived of their liberty, typically in care homes or hospitals.

Deputy: A person appointed by the Court of Protection to make decisions on behalf of someone who lacks mental capacity. There are two types of deputies: Property and Affairs Deputies and Personal Welfare Deputies.

Deputyship Costs: The fees and expenses incurred when applying for deputyship or fulfilling a deputy’s responsibilities, including court fees, legal fees, and ongoing costs.

Deputyship Order: A formal order from the Court of Protection appointing a deputy to manage the affairs of someone who lacks mental capacity. This order can be specific to either property and financial matters or personal welfare decisions.

Deputyship Report: A report submitted annually by the appointed deputy to the Court of Protection to provide updates on the management of the protected person’s affairs, including financial or welfare decisions.

Deprivation of Liberty: A situation in which a person is prevented from leaving a particular place or is restricted in their freedom of movement, often requiring legal safeguards.

Enduring Power of Attorney (EPA): A legal document that was replaced by Lasting Powers of Attorney in 2007, allowing someone to appoint a representative to manage their affairs if they lose mental capacity in the future.

Interim Order: A temporary order issued by the Court of Protection before a final decision or order is made, often used to provide immediate support for someone who lacks capacity.

Lasting Power of Attorney (LPA): A legal document that allows a person to appoint someone (called an attorney) to make decisions about their health, welfare, or property and financial affairs if they lose mental capacity in the future.

Mental Capacity: The ability to make decisions for oneself. A person lacks mental capacity if they are unable to understand, retain, or weigh up information to make a decision, or communicate their decision.

Mental Capacity Act 2005: The legislation governing the decision-making process for individuals who lack mental capacity in England and Wales. It outlines the principles, rights, and processes for supporting people who may not have the capacity to make decisions.

Mental Capacity Act Code of Practice: A guide that helps individuals and professionals understand the Mental Capacity Act 2005. It provides practical guidance on how to make decisions for individuals who lack mental capacity.

Notice of Application: A formal document informing interested parties that an application has been made to the Court of Protection, such as for the appointment of a deputy.

Personal Welfare Deputy: A deputy who is appointed to make decisions about the person’s health, care, and overall welfare, including decisions about living arrangements or medical treatment.

Professional Deputy: A deputy who is a trained professional, such as a solicitor or accountant, who is appointed to manage the affairs of someone who lacks mental capacity, typically when there are no family members able to take on the role.

Property and Affairs: Matters relating to a person’s assets, income, property, and financial obligations. A Property and Affairs Deputy is appointed to manage these matters on behalf of someone who lacks mental capacity.

Public Guardian: An office within the Court of Protection responsible for overseeing deputies and attorneys, ensuring they comply with legal requirements and act in the best interests of the person they are representing.

Statutory Will: A will that is made on behalf of someone who lacks mental capacity, created with the approval of the Court of Protection.

Welfare Decision: A decision made regarding a person’s health, personal care, or living arrangements. A Personal Welfare Deputy has the authority to make these decisions on behalf of the individual.

Deputy’s Bond: A form of insurance required in some cases where the deputy must pay a premium to ensure that the financial interests of the protected person are safeguarded. This is generally required for Property and Affairs Deputies.

Contested Application: A situation where there is a dispute or disagreement regarding a Court of Protection application, such as who should be appointed as a deputy or whether someone lacks mental capacity.

Capacity Assessment: A formal evaluation by a medical or other professional to determine whether a person has the mental capacity to make a particular decision.

Protected Person: The individual who lacks mental capacity and is the subject of Court of Protection proceedings.