What is deputyship and how does it work?

For families and carers of someone who can no longer make their own decisions.

Applies to: England, Wales Last checked against official sources: 6 October 2026

Deputyship is when the Court of Protection gives someone legal power to make decisions for a person who lacks mental capacity.

There are two types: property and financial affairs, and personal welfare.
You do not usually need a deputy if the person already has a lasting or enduring power of attorney.
Applying costs £432, plus a £100 assessment fee for new deputies.
Supervision costs £320 a year, or £35 for minimal supervision.
Deputies must send an annual report to the Office of the Public Guardian.

Different in Scotland and Northern Ireland

Scotland has guardianship and Northern Ireland has controllers instead.

Different in Scotland, Wales or Northern Ireland

Rules may be different in:

Scotland: Check mygov.scot for Scotland
Northern Ireland: Check nidirect for Northern Ireland

Key facts

Application fee: £432
New deputy assessment: £100
Supervision: £320 or £35 a year
Not needed if there is an LPA

What deputyship is

A deputy is someone the Court of Protection appoints to make decisions for a person who "lacks mental capacity". This means the person cannot make a decision for themselves at the time it needs to be made.

The court gives the deputy a court order. The order says exactly which decisions they can make. The deputy must stay within it.

When you need a deputy

You usually only need a deputy if the person did not set up a power of attorney while they still had capacity. You do not usually need one if the person already has:

a lasting power of attorney (LPA), or
an enduring power of attorney (EPA)

The two types of deputy

Type	What they decide
Property and financial affairs	Money matters, such as paying bills and dealing with pensions
Personal welfare	Things like medical treatment and how the person is looked after

You cannot become someone's personal welfare deputy if they are under 16.

How much it costs (fees in 2026)

Fee	Amount
Application	£432
Assessment (new deputies only)	£100
Court hearing, if the court decides one is needed	£100
General supervision, each year	£320
Minimal supervision, each year	£35

Minimal supervision applies to some property and affairs deputies who manage less than £21,000.

Property and affairs deputies may also have to pay for a security bond. This is a type of insurance that protects the person's money. The cost depends on how much money the deputy controls. The court will tell you by letter if you need one.

Example

You apply to become your mother's property and financial affairs deputy. There is no hearing and you are put on general supervision. In the first year you pay £432 to apply, £100 for the new deputy assessment and £320 for supervision. That is £852 in total, plus the cost of any security bond.

Help with the fees

You can apply for an exemption or a reduction if the person you are a deputy for gets certain benefits or has an income below £12,000. The application fee is refunded if the person dies within 5 days of the court getting your application.

What deputies must do

Only make decisions your court order allows.
Send an annual deputy report to the Office of the Public Guardian each year. It explains the decisions you made.
Pay the supervision fee, which is due on 31 March for the year before.

How to apply

Check you can apply and decide which type of deputy you need.
Fill in the application and pay the fee.
The Court of Protection decides your application.
If you are appointed, you get a court order saying what you can and cannot do.

If you live in Scotland or Northern Ireland

Deputyship only applies in England and Wales.

Scotland: you apply for guardianship instead.
Northern Ireland: the court can appoint a controller instead.

Related guides

Where this comes from

Get it done

This takes you to the official service, which is free to use.

Apply to be a deputy

Common questions

What is the difference between a deputy and a power of attorney?

A lasting power of attorney is set up by the person while they still have capacity. A deputy is appointed by the Court of Protection when there is no attorney and the person can no longer decide for themselves.

Can I get help with deputyship fees?

You can apply for an exemption or a reduction if the person gets certain benefits or has an income below £12,000.

When is the yearly supervision fee due?

It is due on 31 March for the previous year.

Official sources

1.Deputies: make decisions for someone who lacks capacitywww.gov.uk/become-deputy
2.Deputies: feeswww.gov.uk/become-deputy/fees

Checked against GOV.UK on 6 October 2026

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