Changing a deputy: what you need to know.
Our specialist team help to explain your options in the event you wish to change your deputy.
Why might you want to change your deputy?
There are several valid reasons why someone may wish to change a deputy:
- breakdown of relationship between the deputy and the person they represent or the family;
- concerns over mismanagement of finances or decisions being made that are not in the person’s best interests.
- a conflict of interest has arisen;
- the current deputy is no longer able or willing to act (due to illness, capacity issues, or other personal circumstances);
- a more suitable person or professional has become available, offering better support or expertise;
- the current deputy is not fulfilling their duties (e.g. not submitting annual reports, not communicating clearly).
Can you change a deputy?
Yes, it is possible to change a deputy — but not simply because someone else would prefer to take over, or due to general dissatisfaction within the family.
Any request to remove or replace a deputy must be made to the Court of Protection, and the Court will only agree to a change if it is satisfied that doing so is in the best interests of the person who lacks capacity.
Recent case law has reinforced the principle that an application to remove or replace a deputy must be supported by clear, objective evidence. The Court has emphasised that it will not approve changes based solely on:
- family disagreements or disputes about the deputy’s decisions;
- personal preferences of family members;
- personality clashes or feelings that someone else “would do a better job.”
The Court will always prioritise the welfare, rights, and preferences of the person who lacks capacity — not the convenience or preferences of family members.
How can a deputy be changed?
An application needs to be made to the Court of Protection who will then consider whether it is in the person’s best interest to appoint a successor deputy and, if so, whether the new proposed deputy is suitable.
The Court may also ask for the person’s capacity to manage their finances to be reassessed, particularly if the interval since the last assessment is a long one. The process to change a deputy can take around six months.
In urgent cases (e.g. suspected financial abuse or neglect), an emergency application or interim order may be made to safeguard the individual while the full application is processed.
What happens in the interim period when changing a deputy?
Once an application to change a deputy has been submitted to the Court of Protection, there may be a waiting period of several months before a decision is made.
During this interim period, the existing deputy remains legally responsible for managing the affairs of the person who lacks capacity, unless the Court specifically orders otherwise.
Who can Be appointed as the new deputy?
The Court will always act in the best interests of the person lacking capacity when selecting a new deputy. Potential appointees can include:
- a professional deputy, including a Trust Corporation (see below), particularly if there are complex financial matters or family conflicts;
- a family member or close friend who is suitable and willing;
- a local authority, where no other appropriate person is available.
See our guide to deputyships for information about the role of the deputy and supervision.
Withy King Trustees Limited - Trust Corporation.
We established a trust corporation named Withy King Trustees limited (WKTL).
The mechanics of the trust corporation are such that, whilst WKTL is appointed as the professional deputy or trustee, a named director will be the custodian and has the personal relationship with the client and family.
A particular advantage of WKTL is that if a director is on holiday or unwell, another director is immediately available to execute decisions for the client, ensuring speed of response so as to prevent any unnecessary delays.
Can a deputyship end?
There are only a few circumstances where a deputyship can be ended completely:
- The person regains capacity – supported by medical evidence, the Court may revoke the deputyship Order.
- The person has died – the deputyship ends immediately, and the deputy must notify the Court and the Office of the Public Guardian.
- The person’s affairs no longer require a deputy – for example, if the person no longer owns any property or assets, the Court may agree to end the arrangement.
To end a deputyship an application must be made to the Court with supporting evidence justifying the request.
At RWK Goodman, we have extensive experience supporting families through the process of changing a deputy. Whether you’re facing a breakdown in trust, concerns over care, or simply want to explore whether a professional deputy might be more appropriate, we can guide you through each step.
