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Is It Possible to Change Professional Deputy?

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Tom Young, Court of Protection Solicitor at PSG Law talks about some of the reasons why you might consider changing professional deputy. When a professional deputy has been appointed by the Court of Protection to manage the property and financial affairs of a person who lacks capacity, there is often a belief that it is not possible to change this representative – this is not the case.

In fact, there are a number of reasons why you may consider changing deputy such as:

  • A breakdown in the relationship with the deputy
  • Unsatisfactory conduct by the deputy
  • Wanting to change to a deputy with particular skills and experience
  • The fees charged by the deputy
  • Your location and that of the deputy

Whilst all deputies are required to adhere to the principles outlined in the Mental Capacity Act 2005, any of the above factors may prompt you to contemplate changing the existing deputy and it is likely that these would be considered reasonable grounds to apply to the Court of Protection.

The role of a professional deputy is centred around making best interest decisions. – This can only be achieved by maintaining effective relationships and communication with those involved in their day to day life. It is only with these good working relationships in place that a deputy can successfully manage financial matters, giving due consideration to the various factors which influence a particular decision such as needs, care arrangements, lifestyle, etc.

Whilst due consideration must be given prior to making any decision regarding changing deputy, the application process to make the change is relatively straight forward.

Although the application can be contested by the existing deputy, this should only occur when there are good reasons and where it is in the individual’s best interest for them to remain as deputy.

At Price Slater Gawne, we are happy to assist with the application to the Court of Protection and have extensive experience in working with clients to complete this process. We believe that the protected party’s wishes and feelings should be central to decision making.

We are a forward thinking firm and have developed systems to ensure that our team are easy to contact, therefore supporting effective two way communication as required in order to ensure that all those involved in decision making are actively involved.

If you would like to discuss an application to change professional deputy or would like further information regarding Price Slater Gawne acting as Professional Deputy, please contact Tom Young on 07507 875558, by email to Tom.Young@psg-law.co.uk or visit us at stand D13 at the Kidz to Adultz North exhibition for a free initial discussion.

For more information about PSG Law please visit: www.psg-law.co.uk.

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