When a person loses mental capacity and has not made a Lasting Power of Attorney (LPA), decisions about their finances, property, or welfare cannot simply be taken over by family members. In England and Wales, the law requires a formal process known as a deputyship.
For Muslims, deputyships can be particularly stressful. Families may assume that close relatives can step in automatically, only to discover that they must apply to the Court of Protection. This process can be time‑consuming, costly, and emotionally draining.
This guide explains deputyships, how they work under English law, and what Muslims and their families need to know when capacity has already been lost.
What Is a Deputyship?
A deputyship is a legal arrangement where the Court of Protection appoints a person (the deputy) to make decisions on behalf of someone who lacks mental capacity.
The person who lacks capacity is known as the protected person.
Deputyships are usually required where no valid LPA is in place.
Why Deputyships Are Often Needed
Deputyships commonly arise when:
- A person suffers dementia or Alzheimer’s disease
- A serious illness or injury causes loss of capacity
- No LPA was made before capacity was lost
Without a deputyship, banks, care providers, and authorities cannot take instructions from family members.
The Two Types of Deputyship
There are two main types of deputyship:
- Property and Financial Affairs Deputyship
- Health and Welfare Deputyship
The court treats these very differently.
Property and Financial Affairs Deputyship
This is the most common type of deputyship.
A property and financial affairs deputy may be authorised to:
- Manage bank accounts
- Pay bills and care fees
- Deal with benefits and pensions
- Buy or sell property (with court approval)
The deputy must act strictly in the protected person’s best interests.
Health and Welfare Deputyship
Health and welfare deputyships are far less common.
The court will usually only appoint a health and welfare deputy where:
- There are ongoing disputes about care or treatment, and
- Decisions cannot be resolved informally
In most cases, health and welfare decisions are made by professionals rather than deputies.
Why Deputyships Can Be Difficult for Muslim Families
For Muslim families, deputyships can feel intrusive and unfamiliar.
Common concerns include:
- Loss of family control over decisions
- Delays in managing finances
- Difficulty ensuring religious and cultural needs are respected
Understanding the process helps families navigate it more effectively.
The Application Process
Applying for a deputyship involves:
- Medical evidence confirming lack of capacity
- Formal court application forms
- Notifying close family members
- Waiting for court approval
The process can take several months.
Who Can Be Appointed as a Deputy?
The court may appoint:
- A close family member
- A trusted friend
- A professional deputy such as a solicitor
The court’s priority is the protected person’s best interests, not family hierarchy.
Duties and Responsibilities of a Deputy
Deputies have strict legal duties.
They must:
- Act in the protected person’s best interests
- Keep finances separate
- Keep detailed records and accounts
- Comply with court orders and supervision
Failure to do so can result in removal or personal liability.
Supervision and Reporting
Deputies are supervised by the Office of the Public Guardian.
This may involve:
- Annual reporting
- Payment of supervision fees
- Providing accounts and explanations
This ongoing oversight can feel burdensome but is legally required.
Costs of Deputyships
Deputyships can be expensive.
Costs may include:
- Court application fees
- Medical report fees
- Security bond premiums
- Professional fees where solicitors are involved
These costs are usually paid from the protected person’s funds.
Deputyships and Islamic Values
From an Islamic perspective, caring for someone who lacks capacity is an amanah (trust).
However:
- English law still governs decision‑making authority
- Religious intentions do not override legal requirements
Deputies can still advocate for religious needs within the legal framework.
Common Misconceptions
“Next of Kin Can Decide Automatically”
This is not true under English law.
“Deputyships Are Quick and Simple”
They are often slow and complex.
“Deputyships Are the Same as LPAs”
They are not. Deputyships involve court control.
Deputyships vs Lasting Powers of Attorney
Deputyships are a fallback option.
Compared to LPAs:
- They are slower to obtain
- They are more expensive
- They involve ongoing court supervision
This is why LPAs are strongly recommended wherever possible.
Practical Steps for Families
If a loved one has lost capacity and no LPA exists:
- Seek legal advice early
- Gather medical evidence promptly
- Prepare for delays and costs
Early action can reduce stress and disruption.
The Importance of Professional Advice
Deputyships involve:
- Mental capacity law
- Court procedure
- Ongoing compliance obligations
Professional guidance can make the process smoother and reduce risk.
How We Can Help
Our solicitors advise Muslim families on deputyship applications and ongoing responsibilities.
We can assist with:
- Applying to the Court of Protection
- Advising proposed deputies
- Managing disputes and complex decisions
- Planning ahead to avoid future deputyships
If a loved one has lost capacity and no LPA is in place, we strongly recommend seeking legal advice as soon as possible.
Understanding deputyships helps families protect their loved ones with dignity, care, and compliance with the law.
