[I set out here a press release from the Office of the Public Guardian – the ‘clarification’ relates to a consent order, rather than a judgment. If / when the consent order is made public I will add it to this page]
On 18 July 2025, the Court of Protection clarified how vehicle contracts under the Motability Scheme should be handled when arranged by a deputy.
Previously, when a deputy signed a hire agreement on behalf of the person they represent, they were listed as the hirer. This created legal risks because the insurance was issued in the deputy’s name, even though the vehicle was often driven by carers or family members.
The court has confirmed:
- A deputy for property and affairs acts as P’s agent, not as the hirer.
- Motability must update hire agreements to name P as the hirer.
- This update will be passed to insurance providers, the DVLA, and other relevant parties.
- Motability will apply the same approach for attorneys under an Enduring or Lasting Power of Attorney, on request.
- Motability will ensure their staff understand the role of deputies and attorneys.
Action required:
If this applies to any deputyships you manage, please contact Motability to request the update.
Motability Operations
22 Bishopsgate, 6th Floor
London EC2N 4BQ
Tel: 0300 456 4566 (Mon–Fri 8:30 am–6:00 pm; Sat 9:00 am–1:00 pm)
Office of the Public Guardian is sharing this information following the Court’s judgment to ensure all Professional & Public Authority deputies are aware of the change.
