Making decisions
If you are worried that you are not being involved in best interests decisions, read this page about making decisions.
Getting legal Deputyship for property or welfare decisions. Quick read guide with a complete information sheet available to download.
Download the information sheet: Getting legal deputyship for property or welfare decisions
This information sheet is for family carers living in England or Wales who support a family member aged 16 years or above.
If you have a family member with severe learning disabilities they may not be able to make all their own decisions e.g. choosing where to live. You may want to gain legal authority to make decisions about money, housing or welfare on their behalf. To do this you may have to apply to the Court of Protection to be appointed as a “Deputy”. However, not every family carer will need to apply to be a Deputy in order to make decisions.
You can apply to be a Deputy for:
If a person’s only income is social security benefits and they have no property or savings you are unlikely to need to apply to be a Deputy, instead you can become an “Appointee”; this has a quicker and easier application process (further information about the role of an Appointee can be found in the full information sheet). A Deputy is more likely to be needed to deal with a tenancy or mortgage agreement.
In order to apply to be a Deputy, four forms need to be filled out and returned to the Court of Protection.
Welfare Deputies are rarely required. Instead, decisions can be made in a person’s ‘best interests’. Usually, permission is needed from the Court of Protection before applying to be a welfare Deputy.
Download the information sheet: Getting legal deputyship for property or welfare decisions
If you are worried that you are not being involved in best interests decisions, read this page about making decisions.
Read one of 'your stories' about Adam, who has severe learning disabilities, epilepsy, autism and challenging behaviour, and his father's decision to become Adam’s Deputy.
Information page about how to get legal advice and/or a solicitor on behalf of a relative with a learning disability, and checking how you can fund legal advice.