Deputy

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Deputy

A person duly authorized by an officer to serve as his or her substitute by performing some or all of the officer's functions.

A deputy sheriff is designated to act on behalf of the sheriff in regard to official business.

A general deputy or undersheriff, pursuant to an appointment, has authority to execute all of the regular duties of the office of sheriff and serves process without any special authority from the sheriff.

A special deputy, who is an officer pro hac vice (Latin for "for this turn"), is appointed to render a special service. A special deputy acts under a specific, rather than a general, appointment and authority.

Cross-references

Service of Process.

DEPUTY. One authorized by an officer to exercise the office or right which the officer possesses, for and in place of the latter.
     2. In general, ministerial officers can appoint deputies; Com. Dig. Officer, D 1; unless the office is to be exercised by the ministerial officer in person; and where the office partakes of a judicial and ministerial character, although a deputy may be made for the performance of ministerial acts, one cannot be made for the performance of a judicial act; a sheriff cannot therefore make a deputy to hold an inquisition, under a writ of inquiry, though he may appoint a deputy to serve a writ.,
     3. In general, a deputy has power to do every act which his principal might do but a deputy cannot make a deputy.
     4. A deputy should always act in the name of his principal. The principal is liable for the deputy's acts performed by him as such, and for the neglect of the deputy; Dane's Ab. vol. 3, c. 76, a. 2; and the deputy is liable himself to the person injured for his own tortious acts. Dane's Ab. Index, h.t.; Com. Dig. Officer, D; Viscount, B. Vide 7 Vin. Ab. 556 Arch. Civ. Pl. 68; 16 John. R. 108.

References in periodicals archive ?
Moreover where discernment exists, many legal rights (in particular of personal nature) can only be exercised by the affected person, this notwithstanding any type of deputyship in place (below 4).
As explained above, the Assistance Deputyship does not affect the person's capacity to act (Art.
Under Consenting Deputyship, the affected person's capacity to act is automatically restricted accordingly (the person requires the deputy's consent to enter into legally binding commitments, but only with regard to the acts or categories of act expressly listed by the Protection Authority in the protective order).
As far as this Deputyship is concerned, the Protection Authority may limit the affected person's capacity to act for some or all tasks entrusted to the deputy (Art.
Therefore, a person subject to a General Deputyship may validly consent to medical treatment, make a will or marry, without the deputy's consent being required, subject to the person's reasonable judgment with respect to the matter at hand (this discernment is not acquired or lost once for ever: it is both time and task-specific, which means that whether or not a person is capable of discernment must be assessed on a case-by-case basis, with regard to the specific act in question).
In practice, the spirit of the law appears well ensured, with the General Deputyship being rarely ordered and the Representative Deputyship with powers becoming the 'flagship measure' since 2013.
- The Representative Deputyship is too often associated with a limitation of the capacity to act and/or with a restriction of the power to dispose of financial assets.
The individual capacity to act may be limited or constrained depending on the type of deputyship applicable to the affected person.
During the legislative revision process, there were advocates who urged not keeping an all-encompassing measure like the General Deputyship, which seemed to contradict the spirit of the new law and the necessary tailoring of each State Protective Measure.
- With Consenting Deputyship, the Protection Authority may for example rule that the deputy's consent will only be required for the liquidation of an estate (the affected person being under pressure from members of his or her family) or for donations and loans.
- Under Representative Deputyship with powers of representation for financial affairs, the deputy's tasks may be limited to the management of land property and certain bank accounts (the affected person remaining autonomous with respect to his or her wages or social security benefits and checking accounts), or could be of general scope.
- Under Assistance Deputyship, the deputy may be in one case appointed only for a housing search and in another one only to give some support and advice with regard to the administration of land property.