What are the actions or decisions which a deputy can make?
The type of actions and decisions you can make as a deputy are covered specifically in the court order appointing you. Please note that you cannot delegate your authority or responsibility to another person.
What happens if the decisions I need to make are not covered under the court order?
You can only make decisions from the authority given under the court order. You may apply to the court to make further orders to allow you to make other decisions.
What are the restrictions on a deputy?
Restrictions on a deputy are set out in Section 25 of the Mental Capacity Act (Cap. 177A). The court order will also state restrictions on a deputy's powers. Deputies cannot make a decision on behalf of the person for whom they have been appointed in relation to a matter if the deputies know or have reasonable grounds to believe that the person has the capacity to make that decision.
When does a deputy’s powers end?
1. The court can cancel a deputy’s appointment or vary the powers granted if the deputy:
- Has behaved, or is behaving, in a way that violates the authority given by the court or is not in the best interests of the person for whom he is appointed as deputy, or
- Has behaved, or is behaving, in a way that would violate the authority given by the court or would not be in the person’s best interests
2. A deputy’s powers will cease when the person for whom he is appointed as deputy passes away.