Deputyship & Power of Attorney After a Serious Injury
When someone suffers a serious injury, families often face urgent questions about who can make decisions, manage money, deal with medical issues, and protect the person’s long‑term interests. Two legal systems support this:
Lasting Power of Attorney (LPA)
Court of Protection Deputyship
They sound similar, but they apply at completely different times. Understanding the difference helps families make safe, confident decisions during an overwhelming period.
1. The Key Difference
Lasting Power of Attorney (LPA)
Created before the injury, while the person still has mental capacity.
Deputyship
Appointed after the injury, when the person has already lost capacity and can no longer make decisions safely.
This is the single most important distinction.
2. What Mental Capacity Means
Mental capacity is the ability to:
understand information
retain it long enough to make a decision
weigh up the pros and cons
communicate a choice
Capacity can be affected by:
brain injury
disorders of consciousness
post‑traumatic amnesia (PTA)
delusions or psychosis
confusion
severe fatigue
seizures
medication
neuropsychiatric symptoms
Capacity is decision‑specific. Someone may have capacity for simple decisions but not complex ones.
3. Lasting Power of Attorney (LPA)
An LPA is a legal document made before any injury or illness. It allows a chosen person (the “attorney”) to make decisions if capacity is lost later.
There are two types:
Health & Welfare LPA
Property & Financial Affairs LPA
Key points
Must be created while the person has full mental capacity.
Cannot be created after a serious injury.
Gives families clear authority.
Faster and cheaper than Deputyship.
Activated only when capacity is lost.
If an LPA exists, families usually do not need Deputyship.
4. What Happens When No LPA Exists?
If someone loses capacity without an LPA in place, families cannot:
access bank accounts
manage bills or mortgage payments
deal with insurance
manage compensation
make certain medical decisions
sign legal documents
arrange long‑term care funding
5. Court of Protection Deputyship
Deputyship is a legal appointment made by the Court of Protection when someone has already lost capacity and needs long‑term support.
A Deputy can be:
a family member
a professional (often required in high‑value injury cases)
What a Deputy Can Do
manage money and bank accounts
oversee compensation and interim payments
arrange care packages
manage property and housing decisions
pay bills and expenses
protect the person from financial risk
work with case managers and therapists
make decisions in the person’s best interests
Deputyship is essential in catastrophic injury cases where:
cognition is severely affected
personality has changed
insight is reduced
delusions or confusion affect judgement
seizures or fatigue affect safety
rehabilitation requires structured financial support.
If you are reading this page and would like more information, please feel free to contact me on 07584131931 or rose@seriousinjurylawyer.online. I will be more than happy to talk to you.
6. Why Professional Deputies Are Often Needed in Serious Injury Cases
In complex injury cases, professional deputies (like solicitors or trust corporations) are often necessary. They provide neutral judgement, expert financial management, and ensure strict compliance with legal duties, which can be overwhelming for family members dealing with the emotional impact of a loved one's injury.
7. The Application Process
Applying for Deputyship involves gathering medical evidence to prove lack of capacity and submitting detailed financial information to the Court. The process typically takes several months, making interim arrangements critical for immediate care needs.
8. Annual Supervision and Reporting
Deputies must report to the Office of the Public Guardian (OPG) every year. This ensures that every penny is accounted for and every decision is in the best interests of the injured person.
9. Financial Protection and Insurance
Every Deputy must have a security bond in place. This is a type of insurance that protects the person’s assets from any potential mismanagement by the Deputy.
10. Reassessing Capacity Over Time
Especially in brain injury cases, capacity can improve through neuro-rehabilitation. If capacity is regained, the Deputyship can be discharged, returning full control to the individual.
Key Message
Securing the right legal framework—whether through an LPA or Deputyship—is the foundation of a safe and stable long-term recovery. It ensures that the person's needs are always the central priority, regardless of the complexity of the medical or financial decisions involved.
Related Pages
Mental Capacity After a Serious Injury
Mental Health After a Serious Injury
Neuropsychology After Brain Injury
Behavioural Change After Brain Injury
Personality Change After Brain Injury
Confidence & Identity After a Serious Injury
Early Days in ICU
Help! My Loved One Is in a Coma
Practical Considerations in a Rehab Unit
Community Rehabilitation After Brain Injury