A court-appointed deputy plays a significant role in probate disputes, stepping into the shoes of individuals who lack the capacity to manage their own affairs. But what happens when this deputy is deemed unfit for the role?

In the following blog post, JMW explores the circumstances under which a deputy might be removed, the legal grounds for removal, and the procedure for doing so. Those who are struggling with a deputy dispute should seek professional legal advice before making any decisions about their circumstances.

Understanding the Role of a Court-Appointed Deputy

A court-appointed deputy is responsible for making decisions on behalf of someone who lacks mental capacity - sometimes referred to as the 'protected party'. This could be due to age, illness, or injury. The deputy's responsibilities might include managing finances, making decisions about healthcare, or deciding where the individual should live. These duties are important, often critical, to the well-being of the individual. In some cases, a deputy may be appointed when there is a dispute over the management of the person's affairs.

Deputies can be family members, friends, or even professionals, especially in cases involving significant sums, such as for example where a personal injury settlement has been received.

The Court of Protection is responsible for appointing deputies, and they will choose a professional deputy who will be appointed via a court order. This is different to an attorney, who may be a friend or family member but is chosen by the individual for whom they will act. A court-appointed deputy is appointed after the individual has lost capacity - when they are unable to choose the person who they want to look after their affairs.

Circumstances often change, and there may be a need for a deputy to step down or be replaced. This could be due to the deputy's passing, ill health, or the realisation that it is no longer appropriate for them to act. Professional deputies may also wish to retire from practice or be unable to continue their role due to other work commitments. In such instances, an application must be made to the Court of Protection, detailing why the deputy can no longer act and proposing a replacement deputy. The court will then assess the suitability of the proposed replacement, always prioritising the best interests of the protected party.

Reasons for Removing a Court-Appointed Deputy

Removal of a court-appointed deputy (as opposed to them voluntarily stepping down) is not a matter to be taken lightly. Legitimate reasons for removal may include misconduct, negligence, or a conflict of interest. For example, a deputy may be removed for failing to act in the best interests of the protected individual, mismanaging their finances, or if a personal relationship with the individual becomes strained or contentious.

In some cases, it may be the protected party or their family that wishes to replace the deputy. Reasons may vary, from relationship breakdowns between the parties involved, cost considerations, or a change in the medical condition of the protected party.

Legal Grounds for Removal

The legal criteria for removal are fairly stringent, and the process of ending a deputyship requires a valid reason and proper documentation. The Court of Protection must be convinced that the deputy is unable or unwilling to carry out their duties, or that they have acted in a way that is not in the best interests of the individual. The court plays a pivotal role in the removal process, ensuring that any decision to remove a deputy is justified and is in the best interests of the person they are appointed to protect.

In more complex scenarios, the Court of Protection has the power to remove a deputy if they have behaved or are behaving in a way that contravenes the authority conferred on them by the court, or if their behaviour is not in the best interests of the protected party.

The Procedure for Removing a Court-Appointed Deputy

The procedure to remove a court-appointed deputy involves making an application to the Court of Protection, outlining the reasons for removal and providing substantial evidence to support these claims. The court will then review the application and, if it sees fit, issue an order for removal. The outcome of this process can have significant implications for all parties involved.

The Role of Legal Experts in the Process

Having a skilled solicitor guide you through any deputy dispute is essential. Navigating the legal system can be complex and time-consuming, and any mistakes you make can be costly. JMW Solicitors' contentious court of protection team is composed of experienced legal professionals who can assist you throughout the entire process, providing you with the support and guidance you need.

What Impact Can the Removal of a Deputy Have?

Following the removal of a court-appointed deputy, the court will ensure the individual's welfare and financial security are legally protected.

A deputy who has been removed may face legal repercussions, such as fines, if they have been found to have acted improperly. They may also face restrictions on serving as a deputy in the future.

JMW Can Help

The removal of a court-appointed deputy is a significant legal process that should not be undertaken lightly. It is essential to have robust grounds for removal or to know your rights if another party is trying to remove you as deputy and to be guided by expert legal counsel throughout the process.

If you are contemplating the removal of a court-appointed deputy, or if your position as a deputy is being threatened, speak to the expert solicitors at JMW today. Call us on 0345 872 6666 or fill out an online contact form, and we will be in touch at a time convenient for you.