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A deputy is a person or, (for property and affairs cases) a trust corporation appointed by the Court of Protection to make decisions on behalf of someone who lacks the capacity to make the decision in question, themselves. The deputy can be a relative of the person concerned, or a professional such as a lawyer.

Anyone can be appointed as a deputy so long as they are considered by the Court as a suitable person to act in this important role. There are however occasions when the Court, or indeed family members, will prefer the appointment of a solicitor. Examples are where there is a significant damages award to administer or where there is disagreement amongst family members.

In the majority of cases, provided there have been no objections to the application, the Court of Protection will usually make a decision based on the papers provided, without the need for a hearing.

Where a person lacks capacity to make a will, it is possible to apply to the Court of Protection for a Statutory Will to be made on their behalf. This is a will approved by the Court on behalf of a person who lacks capacity and will be made in their best interests. To apply for a Statutory Will, the applicant will need to supply medical evidence confirming lack of capacity to make a will. The application can be made by the deputy or attorney of the person who lacks capacity, a beneficiary under an existing will or intestacy, or a person for whom the person might be expected to provide.

A will is a confidential document regardless of whether the person, who has previously made the will, lacks mental capacity. A will does not become a public document until a person dies and a Grant of Probate is issued by the Probate Registry. However, a will can be disclosed if authorised by the Court of Protection. A will is not generally disclosed to a potential beneficiary unless it is in the context of Court of Protection proceedings, where parties are bound to respect its confidentiality.