Court of Protection & Deputies in medical negligence claims

A Deputy is someone appointed by the Court of Protection to make decisions on behalf of someone who lacks the mental capacity to manage their own affairs.

The tests for determining someone lacks mental capacity are outlined in the Mental Capacity Act 2005.

Who can be a Court of Protection Deputy?

Anyone over the age of 18 can apply for deputyship, including family members and friends. The Court of Protection will decide if the person applying for deputyship is suitable for the role based on the injured person's needs.

Multiple people can be appointed as someone’s Deputy. They may be appointed jointly (all decisions are made together) or jointly and severally (some decisions can be made separately).

For information about how you can apply for deputyship online, visit the GOV.UK information page on deputyship.

What is the Court of Protection?

The Court of Protection was formed under the Mental Capacity Act to make decisions on behalf of individuals who lack the mental capacity to do so themselves. They often delegate these responsibilities to a court-appointed Deputy.

The Court of Protection also deals with decisions that a Deputy cannot make, discharge existing Deputies and appoint new Deputies.

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) supervises Deputies and attorneys, separately from the Court of Protection.

Deputies must submit detailed annual reports to the OPG on decisions made on their client’s behalf, including financial records. This layer of supervision helps prevent exploitation or mismanagement of the injured person’s finances or welfare.

Fundamentally, a Professional Deputy’s main responsibility is to act in their client’s best interest within the scope of their deputyship order.

More specifically, their responsibilities include:

A Professional Deputy also works closely with solicitors, case managers and other experts to understand their client’s practical and medical needs. This helps ensure the compensation is budgeted for every requirement, and that decisions are made in the claimant’s best interests.

“The relationship between a Deputy, the case manager and the family is a really vital one,” explains Brian.

“They're on the ground, and understand a lot more of some of the practical and clinical needs. The case manager will often come to us and talk about decisions as well as the family, so it’s a really important relationship.”

The Deputy will also produce annual reports for the Office of the Public Guardian, detailing all income, expenditure and significant decision-making.

Balancing responsibility and compassion

In our experience, we know families often worry a Deputy will take ownership of their loved one’s finances without considering their opinions or concerns.

This is why we work with people like Brian who recognise the family’s insight, without letting their compassion steer them away from objective decisions.

“Compassion is part and parcel of our role, and it's got to be central to the decision-making,” says Brian.

“That doesn’t mean we say yes to everything. It's about taking a holistic approach and understanding not just the client's needs, but the wider needs of the family.”

Another key element is ensuring that the compensation – which can be hundreds of thousands or even millions of pounds – is budgeted to support the claimant for the rest of their life.

“A former senior judge of the Court of Protection once said that if you can spend the last penny of a client's money on the last day of their life, then you've done your job,” explains Brian.

“It's no good to eke out your client’s compensation so that they pass away with huge sums still in their bank account. It's about finding that balance between enabling someone to enjoy their life to the fullest and making sure that there are sufficient funds for their future.”

The threat of financial exploitation

Another area of concern for families when appointing a Deputy is whether they have their loved one’s best interests at heart. Although it is rare, financial exploitation is a real danger:

“A lady that I worked with for many years who was elderly and suffered from dementia befriended someone much younger than her,” says Brian.

“She was a very wealthy lady, so they started taking advantage of her, cutting her off from friends and family and accessing her bank accounts. We got involved when authorities had been alerted to this. We came in to protect her accounts and ensure the person who’d abused her finances was held accountable.”

Appointing a trusted, experienced Professional Deputy significantly minimises the risk of exploitation. At Gadsby Wicks, we help direct our clients to trustworthy Deputies who adhere to the OPG’s Professional Deputy Standards, so that they feel confident that their loved one’s best interests are central to every decision.

The compensation from a successful claim is only useful when managed correctly, whether it is covering the costs of ongoing treatments and medication, or paying for carers’ salaries and adaptations to the home.

The right Court of Protection Deputy, alongside the right legal team, ensures that funds are protected, decisions are made with genuine care, and your family can focus on supporting your loved one rather than navigating complex financial responsibilities.

With over 30 years of experience guiding families through the claims process and a strong network of professional connections, we can help you with the appointment of a trusted Deputy to oversee your loved one’s finances now and for the future.

Start your claim today to find out how we can help secure the compensation, answers and justice your family deserves.

We’d like to thank Brian Bacon for his contributions to this article and to the Medical Negligence Matters podcast. For more insight on Court Deputies, please watch Series 4, Episode 2 of the podcast: “Court Deputies & Protecting The Vulnerable”.

Disclaimer

All content contained within this article is meant for general information only – this should not be treated as a substitute for medical advice from your doctor or another healthcare provider. If you require legal advice specific to your situation, please contact our team directly.

Gadsby Wicks is not liable for any diagnosis made from the content of this article, nor does it endorse any service or external site linked to within the article.

Always consult your GP if you are concerned about your health and wellbeing, or speak to us if you require legal advice.