How Do I Remove a Court of Protection appointed Deputy?

A Deputy is appointed by the Court of Protection to manage the welfare and financial affairs of a person who can longer do so themselves. Often, a Deputy is a family member or friend of the person, or a professional Deputy such as a solicitor.

What happens if you want to remove or replace a Deputy?

Regardless of the reason for doing so, removing or replacing a Deputy involves a complicated process – and it’s important to seek professional legal advice from a Court of Protection solicitor before starting the process.

Why Remove or Replace a Deputy?

There are many reasons for removing or replacing a Deputy, although the most common reasons for doing so include the following:

• The person has recovered and has capacity once more
• Communication between the person and Deputy has broken down
• The Deputy no longer wants the responsibility
• The Deputy is not the right person for the role
• The Deputy is ill
• The Deputy is moving abroad
• The Deputy is retiring
• The Deputy has lost capacity
• The Deputy has died
• The power has been misused
• The Deputy has made decisions without consulting the person’s family and friends

How To Remove or Replace a Deputy

Any change to a Deputyship must go through the Court of Protection.

If you want to remove or replace a Deputy and the decision to do so is a mutual one with both parties in support of this, you – or the Deputy – can complete the application form COP1 and send this to the Court of Protection.

It’s important to speak with a Court of Protection solicitor before completing the application, especially if there are concerns about a Deputy’s behaviour. The solicitor will advise you on the form and help to prevent any errors or delays in the process.

There are steps you need to take before sending off the application – a specialist solicitor will also guide you through these steps.

Before completing the application form, it’s key you do the following:

• Check the application is in the best interests of the person
• Check that a Deputy is still needed – if you’re unsure, you can arrange for a capacity assessment for the person
• Find a suitable replacement
• Involve the person in the process as much as possible
• Give the application and acknowledgement form COP15PADep to the person
• Ask the person to complete the acknowledgement form COP5 if possible
• Notify 3 people who are close to the person

It’s possible to still apply without the completed acknowledgement form, if the person can’t complete this.

What Happens When a Deputy Dies?

When a Deputy dies, the Deputyship automatically ends and the person or the Deputy’s executor must notify the Office of the Public Guardian and the Court of Protection. Following this, a replacement Deputy will be appointed.

The only times the process is different is when there is either:

• No one suitable to take on the role who is close to the person. When this happens, the Court will appoint a professional person to be Deputy.
• More than 1 Deputy and they were all appointed to act jointly and severally. When this happens, the remaining Deputies will continue in the role. If, however, the Deputies were appointed to act jointly but not severally, the Deputyship ends.

How to Apply to Become a Deputy

If you want to become a Deputy, you need to do the following:

• Explain why in your application
• Complete the supporting information form COP1A
• Complete an assessment for capacity form COP3, if needed
• Complete a Deputy’s declaration form COP4
• Include a witness statement COP24 12.17, if needed
• Include a completed acknowledgement form COP5, if possible

In addition to this, you need to notify at least 3 people who know the person, so that they are aware of your intention to apply to become a Deputy.

The people you notify can include:

• The person’s family or friends
• Social worker
• Medical professional

To notify, you must do the following:

• Notify each individual by post, email or in person
• Let them know about the application form COP15PADep and acknowledgement form COP5

You should also notify the current Deputy, provided there is no dispute.

Can You Apply Directly to Become a Deputy?

Yes, you can apply directly to the Court of Protection to replace a Deputy. However, the application process is complicated and often requires careful handling to ensure that the best possible outcome for the person is achieved.

The Court will assess the application form and use this information to decide if it is in the best interests of the person to remove the current Deputy or not.

Should You Use a Solicitor to Become a Deputy?

It’s important to seek advice from a specialist solicitor before starting the application process.

There are many reasons for this, including the fact that a solicitor will:

• Help to protect the person’s best interests during the process and beyond
• Provide advice and support on the application
• Support the replacement Deputy to ensure a disruption-free process for the person
• Make sure that all the relevant information is included in the application, so that the Court of Protection can make a fully informed decision

Helping You with Your Deputy Application

If you’re considering removing or replacing a Deputy, speak to us first. Our specialist Court of Protection solicitors have the expertise and experience to provide tailored advice and guidance for you – and ensure the process is as stress-free and effective as possible.

To speak to us about your Deputyship concern or to make an application to become a Deputy, you can contact us at our Chorlton office on 0161 860 7123 or email chorlton@hlfberry.com or at our Failsworth office on 0161 681 4005 or email failsworth@hlfberry.com and we will be happy to help.