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The difference between property and affairs and health and welfare
Firstly, I must point out that there are two types of deputyship. The distinction between them is important as there are clear rules as to the decisions that can be made under each.
The first, and most common, is a property and affairs deputyship. This is basically what it says on the tin; your authority goes as far as managing someone’s property and financial affairs, within the parameters set out by the order itself (I will go into this in a little more detail later).
The second is a health and welfare deputyship. This deputyship will provide authority to make decision relating to health and welfare matters, such as medical treatments, care and support packages etc. Due to the nature of the decisions being made, and in order to promote an individual’s autonomy, the Court is generally less likely to appoint a welfare deputy, unless in the most necessary and exceptional circumstances. Instead, the Court prefers to make a one-off decision where possible if there is a matter regarding a person’s health or welfare that is in dispute.
It is important to be clear as to which deputyship you hold and have an understanding as to how far your authority stretches. The Mental Capacity Act 2005, and its accompanying Code of Practice, is a good place to start.
Sections 15 – 21 sets out the powers relating to the appointment of a deputy; including the authority a deputy has under each deputyship (sec. 17 and 18) as well as restrictions on the deputy’s power (sec. 20). If the Act itself is a little daunting, there is ample commentary online, as well as free webinars and talks that both professional and lay deputies can attend. For you, the Deputyship order will be your primary point of reference as it sets out the specific powers and authority which the Court has granted the Deputy.
further information
If you would like further information or advice about the topic discussed in this blog, please contact Lauren Eyre in the Court of Protection team.
about the author
Lauren deals with the management of deputyships, with a focus on clients diagnosed with dementia and those that have suffered medical negligence resulting in serious brain injuries and long term impairments.
We welcome views and opinions about the issues raised in this blog. Should you require specific advice in relation to personal circumstances, please use the form on the contact page.
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