Can I Change My Professional Deputy?
When a loved one lacks the capacity to manage their own affairs, the Court of Protection can appoint a deputy to make decisions on their behalf.
Professional deputies often offer reassurance and stability, acting with care and integrity.
However, problems can and do arise.
If communication has broken down, fees are unclear, or decisions are made without proper consultation, families may question whether the appointed deputy is the right fit.
In this blog, we explore whether it’s possible to change a professional deputy, the legal process, and how Bennett Griffin can support you in safeguarding the interests of the person at the heart of the matter.
Common Reasons for Seeking a Change
Deputyship is a position of significant responsibility.
When the appointed professional deputy fails to meet expectations—whether through poor communication, escalating fees, or other concerns—it can place undue stress on families already facing difficult circumstances.
Here in West Sussex, we are frequently approached by individuals who are considering a change in deputy.
The reasons vary, but some of the most common include:
Poor Communication
One of the most frequently cited issues is a lack of clear and consistent communication. Families may feel left in the dark, with little understanding of the deputy’s decisions or the person’s financial or welfare situation. If calls go unanswered or updates are rarely provided, confidence in the deputy can quickly erode.
Unclear or Excessive Fees
Deputies are entitled to charge for their work, but fees must be reasonable, proportionate, and transparent. Where invoices are unclear, costs seem disproportionate to the work done, or detailed billing is lacking, families understandably begin to question whether value for money is being delivered.
Breakdown in Relationship
Deputyship depends on trust. The working relationship can become untenable when personality differences or unresolved disagreements arise, particularly if the deputy is perceived as dismissive, rigid, or unapproachable. In such cases, even without any wrongdoing, a change may be necessary for the arrangement to function effectively.
Concerns About Decision-Making
If there is a belief that the deputy is not making decisions in the best interests of the person lacking capacity—whether due to inexperience, poor judgment, or failure to consider relevant information—this can raise serious concerns. Families may worry about how money is being spent, whether the person’s preferences are being taken into account, or whether key opportunities (such as therapies, support or education) are being overlooked.
Practical Changes in Circumstances
Sometimes, the need for change is not contentious. Deputies may retire, move to a different role, or become unwell. In such cases, the appointment of a new deputy is simply a practical step to ensure continuity and support.
The Court of Protection’s Role
The Court of Protection has exclusive authority to appoint, oversee, and—when necessary—remove or replace deputies.
This ensures that the interests of the person who lacks capacity remain paramount at all times.
When an application is made to change a professional deputy, the Court does not simply consider whether the existing arrangement is unpopular.
Instead, it must be persuaded that a change would serve the best interests of the individual concerned.
This legal test is central to every decision the Court makes in these cases.
In assessing an application, the Court may consider:
- The quality of the deputy’s performance to date, including their communication, record-keeping, and decision-making.
- The views of the person lacking capacity, so far as these can be understood.
- Input from family members, carers, and other professionals who know the individual well.
- Any evidence of misconduct, conflict of interest, or deterioration in the working relationship.
The Court will also weigh the suitability of any proposed replacement, especially if they are a professional being nominated to take over the role. In some cases, the Office of the Public Guardian (OPG) or the Official Solicitor may become involved, particularly if there is disagreement or complexity in the case.
Ultimately, the Court is not interested in preferences or convenience—it is focused solely on whether a change is necessary and beneficial for the individual who lacks capacity. This provides a vital safeguard but also underscores the need to prepare a clear and well-supported application.
Making the Application
If you believe a change in deputy is necessary, the process begins with a formal application to the Court of Protection.
However, the Court will expect all Parties to have tried to resolve any issues themselves and consider using mediation before making an application.
If it is not possible to resolve matters through mediation and it is believed that a change of Deputy would be in the best interests of the person lacking capacity, an application must be carefully prepared, with sufficient evidence to demonstrate that the proposed change is necessary and in the best interests of the person lacking capacity.
The application should include:
- A clear explanation of the concerns or issues that have prompted the request.
- Supporting evidence, such as correspondence, financial records, or witness statements.
- Details of the proposed new deputy, including their qualifications and suitability to act.
- Confirmation that all interested parties—including the existing deputy—have been notified of the application.
The Court will assess whether the application is contested.
If the existing deputy disagrees with the request or submits a formal objection, the matter may proceed to a hearing. In contrast, where the application is uncontested and the evidence is straightforward, a decision may be made without the need for a full court appearance.
Professional legal support can significantly strengthen your case, whether the matter is simple or complex.
At Bennett Griffin, we guide our clients through every stage of the application process, ensuring that it is thorough, legally sound, and presented with the individual’s best interests at its core.
If a change in deputy is approved, the Court will formalise the new appointmen,t and the existing deputy will be discharged from their role.
Choosing a New Deputy
When a professional deputyship has fallen short of expectations, selecting a suitable replacement becomes critical. The Court of Protection requires assurance that the new deputy is qualified and capable of acting in the best interests of the person who lacks capacity.
In some cases, a family member or close friend may be appropriate, provided they are willing, able, and free from any conflict of interest.
However, professional deputies are often the preferred choice in more complex matters, particularly those involving significant financial assets.
Appointing a solicitor as a deputy offers a number of advantages:
- Professional accountability: Regulated by the Solicitors Regulation Authority, with clear duties of care and reporting obligations.
- Experience with complex matters: Professional deputies are well-equipped to handle intricate financial and legal arrangements.
- Continuity and independence: A professional makes decisions objectively and consistently, avoiding personal disputes that may arise within families.
- Transparent fee structures: With clear agreements in place, families can feel confident about ongoing costs and services.
At Bennett Griffin, our team is regularly appointed as professional deputies.
We provide tailored, personal service, emphasising clear communication, efficient management, and transparent advice.
Our approach is always shaped by the individual’s unique circumstances, with their welfare and dignity at the heart of every decision we make.
If you are considering who should take over as deputy, we can advise on the suitability of potential candidates or step into the role ourselves, offering reassurance at what can often be a difficult time.
We’re Here to Help
Changing a professional deputy is not a step to be taken lightly, but if the relationship is no longer working, it’s important to act.
Our dedicated Court of Protection team at Bennett Griffin can guide you through the process, from initial advice to a fully supported application.
We work with clients throughout West Sussex and beyond to ensure the right deputy is in place—someone who acts with integrity and openness and puts the person’s welfare front and centre.
If you’re concerned about a current deputyship arrangement, contact our team in either Worthing or Chichester today for clear, confidential advice tailored to your situation.