Appointment of deputies
19.—(1) A deputy appointed by the court must be-
- (a) an individual who has reached 18, or
- (b) as respects powers in relation to property and affairs, an individual who has reached 18 or a trust corporation.
(2) The court may appoint an individual by appointing the holder for the time being of a specified office or position.
(3) A person may not be appointed as a deputy without his consent.
(4) The court may appoint two or more deputies to act-
- (a) jointly,
- (b) jointly and severally, or
- (c) jointly in respect of some matters and jointly and severally in respect of others.
(5) When appointing a deputy or deputies, the court may at the same time appoint one or more other persons to succeed the existing deputy or those deputies-
- (a) in such circumstances, or on the happening of such events, as may be specified by the court;
- (b) for such period as may be so specified.
(6) A deputy is to be treated as P's agent in relation to anything done or decided by him within the scope of his appointment and in accordance with this Part.
(7) The deputy is entitled-
- (a) to be reimbursed out of P's property for his reasonable expenses in discharging his functions, and
- (b) if the court so directs when appointing him, to remuneration out of P's property for discharging them.
(8) The court may confer on a deputy powers to-
- (a) take possession or control of all or any specified part of P's property;
- (b) exercise all or any specified powers in respect of it, including such powers of investment as the court may determine.
(9) The court may require a deputy-
- (a) to give to the Public Guardian such security as the court thinks fit for the due discharge of his functions, and
- (b) to submit to the Public Guardian such reports at such times or at such intervals as the court may direct.
The Mental Capacity Act 2005 has been fully in force since 1 October 2007. For details of proposed amendments, see Mental Health Act 2007.