How to remove or replace a Deputy

A Deputy is appointed by the Court of Protection to manage a person’s (the protected party or ‘P’) affairs when they are no longer able to do so themselves.

If you want to remove a Deputy because they no longer want the responsibility, or due to a relationship breakdown or a misuse of power, the process does not happen overnight.

How do I remove a Deputy?

Any change in a Deputyship must go through the Court of Protection. The Deputy can do this themselves by filling in the application (COP1) and sending it to the Court of Protection; however, if you are a lay Deputy, i.e. not a solicitor, it is a good idea to speak to a Court of Protection solicitor before doing so.

Common reasons for removing or replacing a Deputy

The most common reasons for removing or replacing a Deputy are:

• P has regained capacity
• The Deputy no longer wants the responsibility
• The Deputy is ill or has lost mental capacity
• The Deputy has died
• The Deputy and P’s relationship has broken down
• The Deputy is moving away
• There has been an abuse or misuse of power
• The Deputy has made decisions without consulting P’s family and friends
• The Deputy is retiring

Whilst these are common reasons, every situation is different and has its own complexities.

How to replace a Deputy

If you have concerns about how a Deputy is acting, it is important to speak to a specialist Court of Protection solicitor before going through the process of replacing them.

If the decision to replace a Deputy is a mutual and amicable one, you need to follow the formal application process. A Deputy can be a lay person (such as a family member or friend) or a professional Deputy (a solicitor or Trust Corporation).

Before sending the application to the Court of Protection, you should:

• Consider whether the application is in P’s best interests
• Where appropriate, arrange a capacity assessment to determine that a Deputy is still needed, the results of which should be disclosed to the Court as part of the application
• Identify a proposed replacement Deputy
• P should be involved in this process so far as they are able and willing to be, depending on their capacity
• Give P the application and acknowledgement form (COP14PADep) and ask them to complete the acknowledgement form (COP5), if they are able to
• Notify three other people in P’s life

If P cannot fill out the above forms, you can apply without this information, but make sure you have completed the notification parts.

How to apply to become a Deputy

When applying to become a Deputy, you must also complete and enclose:

1. A supporting information form (COP1A)
2. An assessment of capacity form (COP3) and supporting report, if applicable
3. A Deputy’s declaration (COP4)
4. COP24 – Witness statement (12.17) if further evidence is being disclosed
5. An acknowledgement form (COP5), if it was returned to you

If you are applying to replace a Deputy, you should also explain why in your application.

How to retire as a Deputy

If you wish to retire, you must send an application to the Court of Protection. You can do this by filling in the application (COP1) and sending it to the Court of Protection. However, it is wise to speak to a Court of Protection solicitor before doing so, as they can support you in the process of appointing a replacement Deputy as part of the application.

What happens if a Deputy dies?

When a Deputy dies, the Deputyship automatically ends. P (if they are able) or the Deputy’s executor or personal representative should notify the Office of the Public Guardian and the Court of Protection as soon as possible. A replacement Deputy will then be appointed.

If there is no replacement Deputy or anyone appropriate in P’s life to take on the role:

• The Court may appoint a Panel Deputy (a professional Deputy from a list of court-approved professionals.

If there is more than one Deputy:

• If they were appointed to act jointly and severally (decisions can be made together or individually), the survivors will continue to act as P’s Deputy.
• If there is more than one Deputy but they were appointed jointly but not severally, i.e. decisions must be made jointly, the Deputyship ends.

Who to tell when changing a Deputy

As with all Court of Protection applications, when replacing a Deputy, you must tell at least three people who know P what authority you intend to apply for.

This could be:

• Their relatives or close family friends;
• A social worker; or
• A medical professional.

Whilst the proposed replacement and current Deputy will have already discussed the intended application, the current Deputy should still be formally notified as part of the application (presuming there is no dispute).

How to inform someone of a change in Deput

• You can inform someone of a change in Deputy by post, by email or in person.
• You must also send them a notice that the application form will be issued (COP15PADep) and an acknowledgement form COP5.

Do I need a solicitor to remove and replace a Deputy?

You can apply directly to the Court of Protection to replace a Deputy; however, removing or replacing a Deputy is a complex and sometimes sensitive process. A solicitor can help protect P’s best interests and advise on the application. Our expert team can also provide ongoing support for the replacement Deputy, ensuring a seamless transition and minimal disruption to P.

Ultimately, it will be for the Court to decide whether it is in P’s best interests to remove the Deputy, and they will make this decision based on the application presented to them. The Court does not make this decision lightly, and so, particularly if the removal is sought on an urgent basis, it is important that the application covers all information needed for the Court to make a fully informed decision.

Need help with removing a Deputy? Contact our Deputyship solicitors

If you are considering a change of Deputy, we can help. Call our specialist Court of Protection team on 0117 325 2929 or fill out our online enquiry form, and we will be in touch.