Part 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.