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Deputy’s Power to Cease Acting

Posted on 12th August 2020 in Later Life Planning

Posted by

Sarah Phillips

Chartered Legal Executive
Deputy’s Power to Cease Acting

An interesting case came to light recently regarding a Deputy’s wish to discontinue acting for the person they assist.

In Cumbria County Council v A [2020] EWCOP 38, the Court of Protection held that any resignation by a Deputy, who no longer wishes to act, is not automatic. 

In all cases, where a Deputy no longer wishes to act, the Court of Protection will consider what is in the persons best interests before making a decision as to whether the Deputy may step down from their role. Of course, the reasons why the Deputy wishes to step down will always be taken into account but the process is not as simple as perhaps one might think.  Factors such as the size and complexity of the persons estate will be taken into account and the discharge of a deputy will be granted if the Court can be satisfied that the application made is consistent with the objectives of the Mental Capacity Act 2005. 

This case is a useful reminder of the Court of Protection’s discretion regarding the persons affairs. The role of Deputy carries with it certain responsibilities which should be considered by every person before applying to become a Deputy. Any potential Deputy should also bear in mind that, once they are appointed, they will remain responsible for the persons affairs until such time as the Court of Protection feels it is reasonable for them to step down. 

For any help with deputyship, their role and the Court of Protection please contact our dedicated team who will be happy to help.

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