Scary Mistakes: What Happens When Deputies Overstep Their Powers

As Halloween approaches, our Court of Protection team is marking the occasion with a seasonal series of four short articles, each exploring a key theme in Court of Protection practice.

From now until 31st October, we will be sharing insights into the complexities and challenges of our work, highlighting how legal expertise, empathy, and collaboration come together in this vital area of law.

Stay tuned as we bring a thoughtful, themed perspective to the season!

Scary Mistakes: What Happens When Deputies Overstep Their Powers – today’s article highlights the importance of understanding the limits of authority and acting within the scope of the Court’s directions.

When someone loses mental capacity, if they do not have anything in place to protect their property and financial affairs, The Court of Protection steps in and can appoint someone to manage their property and financial affairs. It can be a complex role of trust, but what happens when that trust is broken?

Being a deputy comes with legal authority from the court of protection, and this also comes with limits to that authority. You may not be able to sell a property without obtaining a further order from the court, so a deputy must ensure they know what the order allows them to do. If a deputy was to sell a property without an order, they would be making an unauthorised decision, with consequences.

Deputies must submit annual reports to report back on any actions that have been taken, if you have made an unauthorised decision in that time, the court may discharge you as a deputy, and you may not be suitable to act again.

Imagine a deputy investing your loved one’s money in a business venture they personally benefit from. Without clear authority and a best interest’s assessment, this would be unauthorised, and the deputy may be liable to reimburse your loved one.

The lesson? Deputies must act strictly within the powers granted to them. Any major financial decision, gifts, loans, or property sales should be backed by legal advice and, where necessary, court approval.

Because when deputies do not, it is not just a scary mistake – It is unlawful.

If you would like to discuss your authority as a deputy, or have any other queries, please contact our experts in the Court of Protection team. We can offer fixed fee appointments for queries, make applications on your behalf, or act long term as a deputy or attorney for your loved ones. We are here to help and can be all the help you need.