The deputy is required by law to make decisions in the best interests of the person lacking capacity. They have to try and include them as much as possible in the decision making process. The deputy has to think about how would the person concerned make this decision. They also have to consider any documents or information the person has written, which might help them as their deputy to make decisions for them.
The Mental Capacity Act 2005 Code of Practice at 8.50 outlines how deputies must act. Deputies must:
The Mental Capacity Act Code of Practice at 8.35 says that a Financial deputy can be appointed to:
The Mental Capacity Act Code of Practice at 8.38 directs that a Health and Welfare deputy will only be required in the most difficult cases where:
Important and necessary actions cannot be carried out without the court’s authority.
There is no other way of settling the matter in the best interests of the person who lacks capacity to make particular welfare decisions
There are certain things which a deputy may not is restricted from doing. This is why when making an application for deputy ship order care needs to be taken with constructing the required order which the court is to grant. Solicitors are in a good position to draft suitable orders relevant to the situation which the deputy needs to manage.
The Mental Capacity Act Code of Practice at 8.46 sets out some specific restrictions on a deputy’s powers. In particular, a deputy has no authority to make decisions or take action:
if they do something that is intended to restrain the person who lacks capacity – apart from under certain circumstances:
The Mental Capacity Act 2005 Code of Practice 8.50 outlines how deputies are to act. This means that someone considering being a deputy on behalf of a vulnerable adult should think carefully before they take up the role. Deputies must:
The Mental Capacity Act 2005 Code of Practice at 8.56 details what deputies can do. Deputies must carry out their duties carefully and responsibly. For example,
They have a duty to:
Property and affairs deputies also have a duty to:
Craybeck Law offers a free one years aftercare service to our deputy clients to help you with being a deputy. Contact Craybeck Law to see how they can assist you with becoming a deputy.