Introduction

In this section

1.1    The Mental Capacity Act 2005 (MCA) applies throughout England and Wales to protect people who lack mental capacity. Among other things, the MCA provides for people who lack capacity to be legally represented either by: 

  • someone they chose and appointed through a lasting power of attorney (an attorney) while they still had capacity, or  

  • if the person did not appoint an attorney, by a deputy appointed by the Court of Protection. 

Please click here to download the policy: Client-Affairs-Team-Policy-July-2024.pdf

1.2    Most people choose someone like their spouse or partner, a family member, a friend, or a professional advisor (like the family solicitor or accountant) to be their attorney. These are also the representatives preferred by the Court of Protection if it is necessary for the Court to appoint a deputy. 

1.3    If no suitable person is willing and able to act as deputy, the Court may appoint a deputy who is independent of the family, including an authorised officer of a local authority.

1.4    Within Gloucestershire County Council (the Council), the Executive Director: Adult Social Care, Wellbeing and Communities, is the officer authorised to act as a corporate financial and property affairs deputy for people who lack capacity.

1.5    The corporate deputy’s duties and responsibilities are delegated to the Council’s Client Affairs team. The team is subject to supervision by the Office of the Public Guardian, the body which supervises all deputies appointed by the Court of Protection. 

1.6    The Client Affairs team may also, in the absence of a deputyship order, receive welfare benefit payments and manage living expenses as a Department for Work and Pensions appointee (DWP appointee) for someone who lacks capacity.

Last reviewed: