Deputy Restrictions

The Court of Protection dictates that Deputies are unable to make decisions or take action in various circumstances. These include situations where:

• The Deputy reasonably believes that the person who lacks capacity can make the decision without their help. A Deputy can still help the person reach that decision however.
• The decision would intentionally physically restrain the person who lacks capacity. Exceptions to this rule exist when the decision is necessary to prevent the person coming to harm and the restraint is reasonable and proportionate.
• The decision would contradict a decision made by an Attorney acting under a Lasting Power of Attorney.
• The decision would be to refuse the continuation or provision of life support for the person who lacks capacity.

These restrictions also extend to the financial interests of the person who lacks capacity. The Court of Protection dictates that Deputies cannot:

• Make a will for the person who lacks capacity, or change their existing will.
• Hold any money or property in their own name or on the person’s behalf.
• Make large gifts out of the person’s estate.

A Deputy’s powers are also restricted to what is written on the Court Order. If a decision they wish to make on the person’s behalf is not included in this document, an application can be made to the Court of Protection to either give them permission to make the decision required or change their powers accordingly. When assessing each application, the Court will analyse the circumstances surrounding the decision and judge whether the Deputy’s powers to carry out their duties have been affected.