DEPUTYSHIPS

What is a deputyship?

A deputyship is a legal appointment made by the Court of Protection when a person lacks capacity to manage specific aspects of their property and financial affairs. A deputy is responsible for making decisions in the person’s best interests and for keeping clear records of what has been done.
ILBP Deputies act as professional deputies, supporting local authorities, care providers and families to provide the day to day money management that sits beneath a deputyship order, including the management of property and assets where required, in full compliance with deputyship standards and with a clear focus on safeguarding, transparency and accountability.

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When is a deputyship appropriate?

A deputyship is typically considered where an individual lacks capacity to make certain decisions regarding their property and financial affairs, and there is no valid Lasting Power of Attorney in place. The Court of Protection will only appoint a deputy where it is satisfied that doing so is necessary in the person's best interests.

Typical situations

Significant savings, investments or property requiring management.
Complex care funding or financial arrangements.
Concerns about how money is being managed or used.

Role of the Court of Protection

Determines whether a person lacks capacity to make financial decisions.
Decides whether a deputyship is necessary and in the person's best interests.
Appoints a deputy and sets out their powers and responsibilities.

How ILBP supports

Day-to-day management of income, expenditure and routine payments, with oversight of property and assets where required.
Maintaining clear, accurate records to report to the Office of the Public Guardian (OPG).

What is a deputy responsible for?

While the powers granted under a deputyship order can vary, most property and financial affairs deputies are responsible for managing finances and property, maintaining clear and accurate records, and acting at all times in the person's best interests.

Core responsibilities

Managing bank accounts, savings and regular income.
Ensuring priority bills, care fees and taxes are paid.
Managing decisions on significant expenditure and financial commitments.
Preparing and submitting reports to the Office of the Public Guardian.
Arranging the management, maintenance or sale of property where appropriate.

Working with ILBP

A trusted partner delivering consistent, high-quality financial management.
Clear visibility of finances to support informed decision-making and reporting.
Assurance that all activity is compliant with deputyship standards.
A flexible service designed around the needs of each deputy and individual.

How ILBP works with professionals, families and social care

Deputyship arrangements often involve multiple professionals and stakeholders. We focus on clear communication, agreed processes and timely information so everyone understands who does what and when.
Named contacts for families, social workers and finance teams.
Regular summaries of income, payments and balances where required.
Information to support care reviews, safeguarding enquiries and OPG reporting.
A focus on financial stability so care arrangements can be sustained.
Professional oversight that reduces the administrative burden on families and local authorities.

Common questions about deputyships

Who can act as a deputy?
Deputies are often family members or close friends, but in more complex cases the Court may appoint a professional, such as a solicitor or a local authority. Whoever is appointed must be able to meet the responsibilities for decision-making and reporting.
How is deputyship different from appointeeship?
Appointeeship usually covers DWP benefits and everyday finances. Deputyship covers a wider range of responsibilities, including savings, property, investments and more complex financial decisions.
Can ILBP help before a deputyship is in place?
We can talk through potential arrangements with social workers, families and legal teams, assessing each individual's circumstances at the referral stage to determine whether an appointeeship or deputyship is the most appropriate option, and where appropriate, providing appointeeship support while a deputyship application is in progress.
Deputyships

Appointeeship & Deputyship referral pathway

A simple step-by-step guide to identifying the most appropriate route following a capacity assessment.
Step 01

Capacity assessment completed

Has the client been assessed as having capacity?
If Yes: Appointeeship only required.
If No: Proceed to Step 02.
Establishes the correct legal starting point.
Step 02

Identify appropriate legal route

Appointeeship, Deputyship or One-Off Order may be appropriate.
MCA (Appointeeship) or COP3 (Deputyship) assessment required.
Check if an Appointee is already in place.
Clarifies available options and legal requirements.
Step 03

Property and asset check

Does the client own or part-own a property?
If Yes: Refer for Deputyship.
If No: Move to financial threshold checks.
Property ownership is a key trigger for deputy involvement.
Step 04

Financial thresholds & living situation

Residential setting with £30,000+ in inaccessible savings.
Community setting with £50,000+ in inaccessible savings.
If thresholds met: Refer to ILBP Deputies.
If not: Continue assessment.
Ensures correct escalation based on financial complexity.
Step 05

Medium-level financial cases

Savings between £5,000–£29,999 (residential) or £5,000–£49,999 (community).
Or private pension over £28 per week.
Proceed with Appointeeship + One-Off Order if needed.
Please send financial evidence of the above.
Balances proportionate intervention with safeguarding.
Step Final

Lower-level financial cases

Appointeeship only required.
Clear, defensible outcome for each case.

Case studies

Examples of how deputyship and specialist financial management work together to protect clients and support professional teams.

No published case studies in this category yet.

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