When applying for deputyship through the Court of Protection, many people assume it is a permanent arrangement. However, this is not always the case. Understanding the circumstances under which a deputyship might be reviewed, altered, or revoked is crucial for those involved. Sophie Lawrence, Senior Associate and head of our Court of Protection team explains these circumstances and how they could affect you.
1. Improvement in Mental Capacity
One of the primary reasons a deputyship might not be permanent is if the person under the deputyship (known as 'P') experiences an improvement in their mental capacity. Regular capacity assessments and medical evaluations help determine whether P's capacity has improved and whether the Court of Protection will review the arrangement.
2. Concerns About the Deputy's Conduct
The Office of the Public Guardian (OPG) supervises deputies to ensure they act in the best interests of P. If the OPG receives complaints or finds evidence of deputy misconduct, it could lead to a review of the deputyship. This could result in increased supervision, mandatory training, or, in severe cases, the removal of the deputy. Therefore, it is important to understand the responsibilities of a deputy.
3. Changes in P's Circumstances
Significant changes in P's circumstances - such as changes in financial situation or a different care setting - may require a Court of Protection to review the deputyship. The court may need to reassess whether the current deputy is still the best person to manage the new circumstances.
4. Deputy's Request to Step Down
A deputy may find the role too demanding, or experience personal changes that make it difficult to continue. In such cases, the deputy can request to be discharged. The court will then assess and potentially appoint a new deputy. This process is designed to ensure continuity of care for P.
5. Death of P and Final Reporting
The death of P will bring the deputyship to an end. The OPG must be notified, and the deputy may be required to submit a final report. It is important to maintain thorough records until the OPG confirms all necessary documentation has been received.
Deputyships are designed to adapt to P's changing needs, ensuring the arrangement always serves their best interests. While not always permanent, the flexibility allows the arrangement to evolve with P's circumstances.
How We Can Help
Deciding whether to apply for deputyship is not simple, but our experienced team can provide support at every stage. Alternatively, we can be appointed as a professional deputy, ensuring P's best interests are represented. Every deputyship application is unique, and our Court of Protection team will work with you to ensure the best possible outcome for P.
If you wish to apply for a deputyship, please contact Sophie Lawrence in our Court of Protection team at 01258459361 or sophie.lawrence@blanchardsbailey.co.uk
You can also visit our Court of Protection webpage.
So, how can we help?
Whatever your requirements, our team is standing by.
Call us today on
01258 459361