Changing deputies: Expert support for a fresh start

Why changing a deputy may be necessary

There are several reasons why you might need to consider changing a deputy. A deputy is appointed to act in the best interests of an individual who lacks the capacity to manage their own affairs.

However, when that relationship isn’t working or the deputy fails in their duties, it’s vital to take action. Here are the most common situations that warrant a change:

Breakdown in communication or trust

A strong and effective relationship between the deputy and the person they support relies on clear communication and mutual trust. If the deputy is unresponsive, difficult to contact, or unwilling to listen to your concerns, this can lead to frustration and a lack of confidence in their ability to act effectively.

In some cases, deputies may act in ways that are dismissive of family members or fail to respect the wishes of the individual they’re supposed to represent.

Concerns about financial or welfare mismanagement

Deputies are legally obligated to manage the individual’s financial or welfare matters responsibly, in line with Court of Protection orders.

Mismanagement may include:

Failing to keep proper financial records.
Misusing funds or neglecting to allocate money appropriately for the individual’s care.
Ignoring key welfare needs, such as housing, medical care, or quality of life improvements.

Even if the issues don’t involve intentional misconduct, incompetence or neglect can still have serious consequences for the individual.

Misalignment with the individual’s needs & values

Each person is unique, and a one-size-fits-all approach rarely works when it comes to deputyship. Deputies who fail to understand the individual’s cultural background, personal values, or specific preferences can create tension and dissatisfaction.

For example, decisions about care arrangements, housing, or finances that go against the individual’s values can cause unnecessary distress.

Ethical or legal breaches

In rare but serious cases, deputies may engage in unethical or illegal behaviour, such as:

Exploiting their position for personal gain.
Breaching the duties set out by the Court of Protection.

Such breaches can severely harm the individual and undermine trust in the deputyship arrangement.

Family or friend concerns

Family members and close friends often have a unique insight into the needs of the individual. If they believe the current deputy is failing to fulfil their responsibilities or acting inappropriately, it can lead to significant tension and a push for change.

Situational changes

A deputy’s circumstances can also change over time, impacting their ability to perform their role effectively:

Health issues or personal challenges may reduce their capacity to act as a deputy.
The complexity of the individual’s situation may outgrow the deputy’s expertise or availability.

Words from our clients

The team at Anthony Gold cannot be praised highly enough. Professional, considerate, empathetic and courteous at all times, they are a pleasure to deal with despite sometimes challenging personal circumstances. Highly recommended.

Patrick Folkes

Anthony Gold Solicitor’s legal team are excellent. They are very professional, hard working, attention to details, very organised, well prepared for the case. They are also very courteous and try to help us achieve our objectives.

Kui Tham

The support and advice we received from Nicola Gunn and David Wedgwood was invaluable and of a huge help when dealing with the complex financial matters and protection (in conjunction with the Court of Protection) of our friend. Without their legal expertise, our friend would have been extremely vulnerable, and we would have been ‘out of our depth’. Knowing that Anthony Gold’s team was always on hand, brought us immense peace of mind.

Our Client

How we can help

Changing a deputy is a sensitive and often complex process, but with the right support, it can lead to a better outcome for the individual under deputyship.

At Anthony Gold Solicitors, we provide expert guidance every step of the way, ensuring your concerns are addressed and the individual’s best interests remain the priority.

Understanding your concerns

We start by listening. Every situation is unique, and we take the time to understand the reasons behind your decision to change a deputy. Whether it’s a communication breakdown, concerns about financial mismanagement, or a deputy failing to meet welfare needs, we approach every case with sensitivity and discretion.

Assessing the situation

Our team will evaluate the current deputy’s performance and gather evidence to support your application to the Court of Protection. This may involve reviewing financial records, care arrangements, or documentation of any misconduct or neglect.

Guiding you through the legal process

Changing a deputy requires approval from the Court of Protection. Our team specialises in preparing and submitting deputyship applications, ensuring the process is as smooth as possible.

We handle:

Drafting applications to replace or remove the current deputy.
Liaising with the Court of Protection and any other relevant parties.
Ensuring compliance with all legal and procedural requirements.

Providing tailored advice

Every case is different, and we provide personalised recommendations based on your specific circumstances. If you’re unsure whether changing a deputy is the right step, we’ll give you honest advice and outline your options, so you can make an informed decision.

Supporting a smooth transition

Once the Court of Protection approves a new deputy, we assist in ensuring a seamless handover of responsibilities. We provide ongoing support to the new deputy, including advice on their legal duties, financial management, and decision-making.

Expertise in complex cases

Our Court of Protection team is highly experienced in dealing with contentious and non-contentious matters, including:

High-value deputyship arrangements.
Cases involving international considerations.
Disputes between deputies and family members or professionals.

With a proven track record in high-profile and complex cases, we’re equipped to handle even the most challenging deputyship issues.

Our proven track record

When it comes to Court of Protection matters, our team has earned a reputation for excellence, recognised by industry-leading directories such as Legal 500 and Chambers and Partners.

With extensive experience handling deputyship changes and complex cases, we are trusted by clients, local authorities, and other legal professionals to deliver outstanding results.

Recognised expertise

Legal500: Ranked as a leading firm for Court of Protection matters, praised for our commitment to securing excellent outcomes and our ability to navigate even the most challenging cases.
Chambers and Partners: Ranked in Band 2 across the UK, highlighting our proactive approach and determination to protect the interests of vulnerable individuals.

Expertise in high-value & international cases

Our team specialises in managing substantial funds, often arising from personal injury or clinical negligence claims. We have experience addressing international considerations for individuals who lack capacity, ensuring their rights and needs are protected no matter where they are.

What to expect from the process of changing a deputy

Changing a deputy may seem like a daunting task, but with the right guidance, it can be a smooth and manageable process. At Anthony Gold Solicitors, we streamline every stage, ensuring clarity and support throughout.

Initial consultation

The first step is an in-depth discussion about your concerns with the current deputy. We’ll assess why a change may be needed and explain your options. Whether the issues involve financial mismanagement, communication breakdowns, or more serious concerns, we’ll provide honest advice tailored to your situation.

Building the case

Evidence is key to supporting an application for a new deputy. This might include records of neglect, financial discrepancies, or statements from professionals and family members. Our team will guide you on gathering the necessary documentation and ensure everything is presented effectively.

Application to the court of protection

We prepare and submit a detailed application to the Court of Protection, outlining the reasons for the change and proposing a suitable replacement deputy. This step involves handling all legal forms and liaising with the court to ensure the case is presented clearly and accurately.

Transition to a new deputy

Once the court approves the application, we facilitate a seamless handover of responsibilities. This includes transferring financial management and welfare decisions to the new deputy and providing them with advice and support to fulfil their duties effectively.

Ongoing support

Our involvement doesn’t end with the court’s decision. We remain available to provide ongoing assistance to ensure the new deputyship arrangement runs smoothly, addressing any questions or challenges that arise.