How to change your deputy
Our specialist team help to explain your options in the event you wish to change your deputy.
Can a person change their deputy?
Yes, and there are many reasons why a person may wish to change their deputy. It could be that the deputy is a family member who no longer wishes to act as they are getting older or do not have the time to continue in the role. Or the person who has a deputy would prefer someone else to take on this role.
If the individual has a professional deputy it may be because that person is moving to another firm or retiring.
Sometimes a change of deputy is required because the relationship has broken down or there is no consensus on the best way forward.
How can the deputy be changed, and how long does it take?
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.
Who else can be appointed as deputy?
The new deputy can be a family member or close family friend, or it may be another professional deputy.
At Royds Withy King we are always happy to chat to you or you family about who is best placed to take on this role.
What happens if I think I don’t need a deputy anymore?
It is possible for clients to regain capacity to manage their finances, often due to further rehabilitation and cognitive recovery.
The decision as to whether a person has capacity to manage their finances is made by a medical professional and, therefore, a further assessment will be necessary to confirm that a deputy is no longer required. Once this assessment has been carried out an application is made to the Court of Protection to discharge the deputy.
If you have received a settlement in respect of a personal injury you should consider setting up a Personal Injury trust to protect your entitlement to certain benefits and statutory funding.
At Royds Withy King our specialist team can help support and advise you if you are considering a change of deputy. We understand that this can be a difficult decision and we can act as a sounding block to make sense of the situation and to steer you through the process.