The Supreme Court is currently hearing arguments that could change the legal test for when a vulnerable person is considered to be deprived of their liberty. This revisits the well-known Cheshire West judgment, which has shaped how care arrangements are authorised for people who lack mental capacity.

While much of the discussion around Cheshire West focuses on care planning and personal freedoms, it also has a direct impact on financial planning and deputyship. For families, carers and support teams involved in managing the property and financial affairs of someone vulnerable, it is important to understand what may change and how to prepare.

A Quick Reminder of What Cheshire West Established

The Cheshire West decision confirmed that a person may be considered deprived of their liberty if they:

• Are under continuous supervision and control
• Are not free to leave
• Lack capacity to consent to the arrangements

This broad test applies in settings such as care homes, supported living or at home with intensive supervision. As a result, many people now have their care arrangements formally authorised, often involving local authority or Court of Protection oversight.

These safeguards are in place to protect the individual and ensure that decisions are always made in their best interests.

Why the Supreme Court Is Reconsidering the Test

The Court has been asked to look again at whether the current test remains workable. One of the central questions is whether a person who lacks capacity can still show a form of genuine consent through their behaviour, feelings or expressions of preference.

If the Court accepts a narrower definition, fewer care arrangements may count as a deprivation of liberty. That could reduce the need for certain authorisations and reviews.

What This Means for Deputyships and Financial Management

For those acting as Property and Financial Affairs Deputies, any change to the definition of deprivation of liberty may affect:

1. How care arrangements are reviewed and funded
If oversight reduces, there may be fewer structured opportunities to check that the care being funded is proportionate, appropriate and in the person's best interests.

2. Scrutiny of expenditure
Currently, the safeguards often require regular review of support packages. These reviews help deputies ensure that funds are being used appropriately and in line with the person’s needs. Any reduction in oversight could make financial evaluation more complex.

3. Planning for future support costs
If definitions become narrower, there may be greater variation in how care providers and local authorities assess needs. This could influence budgets for care, housing and therapies.

4. Legal responsibility and accountability
Deputies may need to work more closely with families and support teams to ensure decisions remain transparent and properly recorded, particularly if external oversight becomes lighter.

What Does Not Change

Whatever the Supreme Court decides, the core duties of a Property and Financial Affairs Deputy stay the same:

• To act in the person’s best interests
• To consult those close to the individual
• To consider the person’s wishes, feelings, values and past preferences
• To make decisions that support quality of life, not simply reduce cost

The focus remains on dignity, safety and wellbeing.

How Families Can Prepare

Families supporting a vulnerable person may find it helpful to:

• Review current care and support arrangements and ensure they are clearly documented
• Keep records of the person’s wishes and preferences, however they express them
• Stay in regular contact with care providers to understand how decisions are made
• Seek advice if a placement, support package or budget may need reassessment

A clear paper trail is essential. If the law changes, being able to show why decisions were made will remain a key part of responsible deputyship.

In Summary

The outcome of the current Supreme Court case may reshape the practical framework around deprivation of liberty. While this debate is often viewed through a health and welfare lens, the implications for financial decision making are significant.

As Property and Financial Affairs Deputyship solicitors , our role is to ensure that vulnerable people remain protected, supported and financially secure, whatever changes may come. We will continue to follow the developments closely and to guide families with clarity and care.

If you would like advice about deputyship, financial planning or managing care funding arrangements, our team is here to help you navigate your next steps with confidence.