Recovering assets from deputies

What Is Deputy Misconduct?

A deputy plays a vital role in managing the property, finances, or personal welfare of someone who cannot make decisions for themselves due to mental incapacity. Deputies are appointed by the Court of Protection and are expected to act strictly in the best interests of the person they represent.

Unfortunately, there are cases where these responsibilities are misused or abused, leading to significant harm.

What Does a Deputy Do?

A deputy’s duties typically include:

Managing bank accounts, savings, or investments.
Paying bills and maintaining the individual’s financial stability.
Making decisions about property, such as selling or renting a home.
Ensuring the individual’s welfare needs are met, including decisions about care and health.

When Does Misconduct Occur?

Deputy misconduct happens when a deputy fails to act in the best interests of the individual they represent. This can take many forms, including:

Financial Mismanagement

Using the individual’s assets for personal gain.
Making unauthorised gifts or loans from their funds.
Taking out credit in the incapacitated person’s name.

Neglect of Duties

Failing to keep accurate financial records.
Ignoring the person’s needs or failing to ensure proper care arrangements.

Decisions Against Best Interests

Selling property without considering the individual’s preferences or long-term needs.

Placing the person in care unnecessarily or against their wishes.

Breach of Trust or Fiduciary Duty

Acting dishonestly or failing to uphold the responsibilities set out by the Court of Protection.

Real-Life Examples of Misconduct

A deputy diverts funds from the individual’s account to pay off personal debts.
Investments are made recklessly, leading to significant financial losses.
The incapacitated person is left in unsuitable living conditions because the deputy neglects their duty to organise proper care.

The Impact of Misconduct

The effects of deputy misconduct can be devastating, both financially and emotionally. Vulnerable individuals may lose substantial assets, leaving them without the means to cover essential expenses like care or housing. Families often experience deep distress and feel powerless as they witness this exploitation.

Why Misconduct Happens

While some misconduct arises from deliberate fraud, in other cases, deputies may simply lack the knowledge or organisation needed to fulfil their duties. Regardless of intent, any failure to act responsibly must be addressed swiftly to protect the individual at risk.

Signs of Mismanagement and When to Act

It can be difficult to identify when a deputy is acting improperly, especially if you’re not directly involved in the day-to-day management of the individual’s affairs. However, there are clear warning signs that something may be wrong. Knowing what to look out for can help you take swift and effective action to safeguard the individual’s well-being and assets.

Key Signs of Deputy Mismanagement

Unexplained Financial Losses

Sudden or frequent withdrawals from bank accounts.
Large, unaccounted-for expenses or transactions.
Investments made without any logical basis or contrary to the person’s needs.

Lack of Transparency

The deputy refuses to share financial records or account for their decisions.
Delays in responding to questions about how funds are being used.
Missing documentation or incomplete reports submitted to the Court of Protection.

Irregular Use of Funds

Payments for personal items or services clearly unrelated to the incapacitated person.
Unauthorised loans or gifts from the individual’s assets.
Purchases that seem excessive or unnecessary.

Neglect of Care and Welfare

The individual is living in unsuitable or unsafe conditions despite having sufficient funds to improve their circumstances.
Care arrangements are inadequate or not reviewed regularly.
Medical needs or other essential services are being overlooked.

Inappropriate Decisions

Selling property without consultation or apparent justification.
Moving the person into a care facility without exploring alternatives.
Failing to ensure long-term financial stability.

The Consequences of Ignoring Mismanagement

Deputy mismanagement can have serious repercussions, including:

Depletion of financial resources, leaving the individual unable to afford essential care or support.
Deterioration in the person’s quality of life due to neglect or poor decision-making.
Strained relationships among family members, often leading to further disputes and stress.

When to Take Action

It’s vital to act quickly if you suspect mismanagement. Deputies are entrusted with significant power, and any delay can worsen the damage. Here’s when to consider intervention:

If you notice any of the signs listed above.
If the deputy refuses to communicate or cooperate when asked for an explanation.
If you feel decisions are being made without considering the individual’s best interests.

Steps You Can Take Immediately

Document Your Concerns

Keep detailed records of any suspicious transactions or behaviours.
Collect copies of financial statements, reports, or other relevant documents.

Raise the Issue with the Deputy

Ask for clarification and transparency. In some cases, mismanagement might stem from lack of understanding rather than intentional abuse.

Seek Legal Advice

Contact a solicitor experienced in Court of Protection matters to understand your rights and the best way to proceed.

Escalate to Authorities

Report your concerns to the Office of the Public Guardian or apply to the Court of Protection to investigate or remove the deputy.

By recognising the signs of mismanagement early and taking prompt action, you can help protect the individual’s assets and well-being from further harm.

Your Legal Options

If you suspect that a deputy is acting improperly, it’s essential to take legal steps to protect the vulnerable individual and recover any mismanaged assets. The law provides a clear pathway to address deputy misconduct, remove unsuitable deputies, and ensure the person’s best interests are prioritised.

Steps to Address Deputy Misconduct

Raise Concerns with the Deputy

In some cases, deputies may not fully understand their duties or realise their actions are inappropriate. Addressing your concerns directly with the deputy might resolve minor issues quickly and without formal action. However, for more serious or persistent misconduct, legal intervention is necessary.

Report to the Office of the Public Guardian (OPG)

The OPG oversees deputies and investigates complaints about their conduct. If you believe the deputy is breaching their duties, you can file a formal complaint. The OPG has the power to request financial records, investigate the deputy’s actions, and make recommendations to the Court of Protection.

Apply to the Court of Protection

If the deputy continues to act improperly, you can apply to the Court of Protection to:

Remove the deputy: Request their replacement with a more suitable person.
Recover lost assets: File a claim to compel the deputy to reimburse any losses they have caused.
Appoint a new deputy: Ensure the vulnerable person’s affairs are handled by someone trustworthy.

Pursue Legal Action

In cases of severe misconduct, you may need to take further legal steps, including:

Filing a claim for breach of trust or fiduciary duty.
Applying for an injunction to prevent the deputy from mismanaging or disposing of assets.
Initiating a civil claim for fraud, undue influence, or theft.

Involve Law Enforcement

If the deputy’s actions amount to criminal behaviour, such as theft or fraud, it may be necessary to report them to the police. This can lead to criminal charges in addition to civil proceedings.

Time-Sensitive Actions

Deputy misconduct can lead to rapid financial losses. In such cases, swift action is crucial to prevent further harm. For example:

Freezing Orders: Apply to the court for an injunction to stop the deputy from accessing or disposing of assets.
Interim Orders: Secure temporary arrangements to protect the individual while a full investigation is conducted.

What Can Be Recovered?

Any pursual of funds against an attorney or Deputy needs to be sought in the High Court or criminal Courts.

Words from our clients

The court of Protection team went above and beyond. My wife and I were delighted with their conscientious work ethic and their availability at all times. Not to mention their professional and knowledgeable attitude. We are eternally grateful to the entire team.

Mark Dodson

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.

Kui Tham

It is a great experience with Emma Tante who is helping with building Terry’s care team and involving a case manager to achieve that. Emma Tante is always professional and helpful using their expertise.

Jinlei Wang

How Anthony Gold Solicitors Can Help

If you’re dealing with concerns about a deputy’s misconduct, Anthony Gold Solicitors are here to provide expert guidance and effective legal support. With extensive experience in Court of Protection matters, our team understands the urgency and sensitivity of these cases.

We specialise in helping families recover lost assets, remove unsuitable deputies, and ensure vulnerable individuals are protected.

Why Choose Anthony Gold Solicitors?

Recognised Expertise:

Anthony Gold Solicitors is ranked as one of the leading firms in Court of Protection matters by Legal 500 and Chambers and Partners. Our team has been praised for delivering excellent outcomes for vulnerable clients.

Tailored Approach:

Every case is different, and we provide bespoke legal solutions that are practical and effective. Whether it’s removing a deputy, recovering misused assets, or taking urgent legal action, we create a strategy that aligns with your unique situation.

Proven Track Record:

We have successfully helped numerous families resolve issues of deputy misconduct, recovering significant losses and securing the well-being of vulnerable individuals.

Dedicated Support:

Our team combines legal expertise with a compassionate approach, ensuring you feel supported throughout the process. We manage the complex legal details so you can focus on what matters most.

Our Services

We offer comprehensive support for all issues related to deputy misconduct, including:

Advice and Guidance

We help you identify the signs of misconduct and understand your legal rights. Our solicitors provide clear advice on the best course of action to protect the individual’s assets and well-being.

Filing Complaints with the Office of the Public Guardian (OPG):

We assist with reporting deputy misconduct to the OPG, ensuring your concerns are thoroughly investigated. If necessary, we escalate the matter to the Court of Protection for further action.

Court of Protection Applications:

We handle applications to remove deputies who are acting against the best interests of the vulnerable person. We also assist in appointing a replacement deputy to manage affairs responsibly.

Emergency Actions:

In urgent situations, we apply for injunctions or freezing orders to prevent further financial harm. We act swiftly to safeguard the individual’s assets while legal proceedings are underway.