Ask The Legal Expert: Can I Change My Deputy?
Deputies are individuals or professionals appointed by the Court to manage the financial and personal welfare for someone who lacks the mental capacity to make their own decisions. Lynne Morgan, Director and Professional Deputy at JCP Solicitors, explains how to change deputies if you no longer feel your appointed Deputy is meeting your needs.
What is a Deputy?
A Deputy is appointed by the Court of Protection to manage the decisions for someone who can no longer make decisions for themselves, often relating to their finances, care, living costs, housing, and health.
These can be individuals, usually a family member, known as a Lay Deputy, or Professionals, often a Solicitor, known as a Professional Deputy.
As these are such important decisions, it is vital to feel secure and confident with the Deputy who is managing your or a loved one’s affairs. They should be trustworthy and communicative, with the person’s best interests at heart.
Why Change Professional Deputy?
Sometimes, a relationship can break down with a Deputy – or perhaps family members or friends may have concerns – and a change in Deputy is required.
In some circumstances you may also decide that switching to a Professional Deputy from a Lay Deputy can help to protect family relationships.
There are other reasons people may choose to change Deputy such as moving to a new location, wanting a Professional Deputy with a specific legal specialism, or a current Professional Deputy may be retiring from their position.
How Can I Change My Professional Deputy?
Changing Deputy requires an application to be made to the Court of Protection. Although a Deputy can contest the application, the Court only considers what is in the best interests of the individual who lacks capacity and will not necessarily take the current Deputy’s preference into account.
The Court will consider views of people who are involved in their life and care, such as family, friends, carers and medical professionals. The Court will not agree to a Deputy change if the family simply does not like the decisions made: there has to be a valid reason for the change, such as relationship breakdown or miscommunication.
Changing Deputy is usually a straightforward process, with the Court supporting the person who lacks capacity to find the best option for their circumstances.
How JCP Can Help
At JCP Solicitors, we welcome new Deputyship clients and can support the transition between Deputies to ensure a smooth, easy process with minimal disruption.
Our professional, friendly, specialist team are on-hand to provide advice and guidance, ensuring an impartial, professional approach.
For advice and guidance on changing Deputy, contact Lynne Morgan by emailing lynne.morgan@jcpsolicitors.co.uk or call 01792 529671. JCP Solicitors has offices across South and West Wales.