What is a Deputyship Order and When Do You Need One?

2nd March 2026 | Rebecca Napier | Private Wealth, Deputyship, Court Of Protection

A Deputyship Order is a court order that gives someone legal authority to make decisions for a person who lacks mental capacity, due to conditions such as dementia, a serious brain injury, or a learning disability and they did not make a Power of Attorney in advance. It is granted by the Court of Protection.

Without this legal authority, banks, pension providers, and other organisations may refuse to deal with family members, making it difficult to pay bills or manage property.

The Two Types of Court of Protection Orders: Finance & Welfare

There are two main types of Deputyship Orders. The most common is Property and Financial Affairs Deputyship, which allows the deputy to manage money, pay bills, collect benefits or pensions, and deal with property or savings.

The second type is Personal Welfare Deputyship, which relates to decisions about medical treatment, care arrangements, and where the person lives. These orders are rare and are only granted when there is an ongoing need for formal authority over welfare decisions.

Who Can Become a Deputy and What Are Their Duties

A deputy is usually a close family member or friend, but it can also be a solicitor or professional deputy if there is no suitable relative. The court will only appoint someone who is over 18 and considered capable of acting responsibly and honestly.

Deputies are supervised by the Office of the Public Guardian. They must keep clear records of spending, keep the person’s money separate from their own, and submit annual reports. Deputies must avoid conflicts of interest and ensure all decisions are made in the best interests of the person who lacks capacity and follow the principles of the Mental Capacity Act.

How Long Does it Take to Get a Deputyship Order? (Costs & Timeline)

Applying for a Deputyship Order usually takes between four and six months, although complex cases can take longer. There is a court application fee, along with possible medical assessment costs and an annual supervision fee. In some cases, a security bond is also required. Fee reductions may be available if the person has a low income or limited savings.

Deputyship vs. (ignore this can stay)  Lasting Power of Attorney (LPA): Why Planning Ahead Matters

Unlike a Power of Attorney, which is made while someone still has mental capacity, a Deputyship Order is applied for after capacity has been lost. It is generally more expensive and time-consuming because the court must decide who should act and what authority they should have. 

Therefore, due to these issues if a person still has mental capacity, they should get a Lasting Power of Attorney in place, without delay.   

Conclusion

A Deputyship Order provides an essential legal solution when someone can no longer manage their own affairs and has not planned ahead. Although the process can be slow and costly, it ensures that vulnerable people are protected and that their finances and welfare are handled lawfully and in their best interests.

How We Can Help at Sherrards

Depending on your circumstances, or those of a loved one, we would encourage you to contact our Private Wealth Team at Sherrards to find out more about Deputyship applications or Lasting Powers of Attorney.