Professional vs lay deputy: What’s the difference and what should you consider?

When a loved one loses mental capacity and hasn’t set up a Lasting Power of Attorney (LPA), someone needs to step in to make important life decisions for them. That’s where a deputy comes in – appointed by the Court of Protection to make decisions on their behalf. But did you know there are two main types of deputies?

In this blog, senior lawyer Lucy Hollands, breaks down the difference between a lay deputy and a professional deputy should you face the difficult decision on whether to apply to be a deputy for a loved one in the future.

What is a lay deputy?

A lay deputy is usually a family member or close friend of the person who has lost capacity. They know the person well and are often best placed to make decisions in their best interests. Lay deputies don’t charge fees for their role, but they do have legal responsibilities—like keeping detailed financial records and submitting annual reports to the Office of the Public Guardian (OPG).

The OPG provides guidance and support to help lay deputies meet their obligations, but it can still be a big commitment, especially if the person’s affairs are complex.

What is a professional deputy?

A professional deputy is typically a solicitor, accountant, or other qualified expert. They’re appointed when there’s no suitable family member available, or when the person’s needs are particularly complicated—like managing large sums of money, property, or if there is a dispute between family members.

Professional deputies charge for their services, however the fees are fixed by the court and assessed annually. Also, the general rule is that fees are paid from the person’s estate. Because of their expertise, they’re held to higher standards and are closely supervised by the OPG.

Professional vs lay deputy – what should I consider?

If you’re thinking about applying to be a deputy – or deciding whether to support a professional being appointed instead – ask yourself:

• Do I have the time and confidence to manage someone else’s finances?
• Am I comfortable with legal and administrative responsibilities?
• Would a professional bring more peace of mind in a complex situation?

Being a deputy is a serious responsibility, but with the right support, it can also be a meaningful way to protect someone you care about.

At Debenhams Ottaway, many of our lawyers have extensive experience of being professional deputy for people who have lost capacity and don’t have a friend or loved one who can take on the role.