When a Property and Affairs Deputy is appointed to manage yours or a family members financial affairs, it can feel like an intrusion on your day-to-day life. It is therefore essential that the person you have trust with your Deputy and feel they are supporting your needs, safeguarding your finances and help plan for the future.
However, circumstances can change and there are many legitimate reasons why you may wish to change the appointed Deputy:
- The Deputy may move to an alternate law firm who you have not worked with
- The Deputy may no longer be willing or able to act
- There may be a breakdown in the relationship with either yourself or the protected party’s family and the Deputy no longer feels like the right fit.
It is important to know that you always have a choice and have the right to consider your options to choose a Deputy who truly meets your needs and understands your circumstances.
Can you change your Deputy?
Yes, it is possible to change a deputy if the decision to remove and replace a Deputy is in the best interests for the Protected Party. It is not the appropriate route to take for circumstances where someone else would simply prefer to be the Deputy over someone else or there have been minor disagreements between the protected party or their family with the Deputy.
An application must be made to the Court of Protection to authorise the transfer, so it is important to evidence that there is a genuine and objective reason which warrants a replacement of Deputy due to the cost to the protected party in changing. Preparing an application to transfer a Deputyship is something our specialist Court of Protection Team can guide you through.
The current Deputy will continue to work with you until the Courts grants an Order appointing a new Deputy. Our team will work collaboratively with the outgoing Deputy during the interim and discharge period to ensure the transition is managed as smoothly as possible with minimal disruption to the existing arrangements and day-to-day needs.
What should you look for in a Deputy?
When considering a new Deputy, it is important to think about their experience, approach and whether they are the right fit for you. You may wish to consider whether they have the relevant expertise to manage complex situations, including cases involving serious injury or vulnerability, and whether they understand the long-term impact of conditions such as brain or spinal injury.
It is also helpful to consider how they approach their role. A good Deputy will take a forward-looking approach, helping to plan for future needs such as housing, care and financial management, rather than simply responding to issues as they arise.
Communication is another key factor. You and your family should feel informed and supported, with clear explanations and a consistent point of contact. It can also be important that your Deputy works collaboratively with others involved in your care, including case managers, therapists and financial advisers, to ensure a coordinated approach and that you are on the same team.
Trust Corporation
We established a trust corporation named Foot Anstey Trust Corporation Limited* (FATCL) in order to ensure that our Deputyship clients have continuity, availability and professionalism when using our Court of Protection services.
Appointing a trust corporation as Deputy can offer greater continuity and flexibility than relying on a single individual. With a dedicated team of directors and staff involved in managing your affairs, day‑to‑day responsibilities can be managed seamlessly, ensuring that decisions are not delayed if one person is unavailable due to leave, illness or other unforeseen circumstances.
Our approach at Enable Law
At Enable Law, we recognise that choosing or changing a Deputy is an important and sometimes sensitive decision.
We take a practical and person-centred approach, working closely with clients, their families and the wider professional team to ensure that financial decisions are made in a way that supports care, rehabilitation and long-term wellbeing.
Our aim is not simply to manage finances, but to help ensure that each client’s needs and best interests remain at the heart of every decision.
We also regularly assist clients where a change of Deputy is being considered. We understand that this can feel daunting, and we guide clients through the process with sensitivity and clarity, helping to ensure continuity and stability at every stage.
Speak to us
If your deputyship is being transferred, or if you are considering a change, we would be happy to help you explore your options.
We offer a confidential, no-obligation initial discussions, either over the phone or in person. This gives you the opportunity to ask questions, understand the process and decide what is right for you.
You always have a choice and we are here to support you in making the one that works best for you. To arrange a call or a visit with a member of our expert Mental Capacity Team call us on 0800 044 8488 or fill in our contact form so we can give you a call at a time convenient to you.
*Enable Law is part of the Foot Anstey Group
