C1Part 1Persons who lack capacity
General powers of the court and appointment of deputies
19Appointment of deputies
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.
Pt. 1 applied (1.12.2017) by The Court of Protection Rules 2017 (S.I. 2017/1035), rules 23.3, 24.6(1)