Q&As

Can a claim for an account and recovery be made against a Court of Protection (CoP) appointed deputy’s estate if the deputy dies before proceedings are issued? If proceedings have been issued, can the claim continue after the death of the deputy?

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Produced in partnership with Patricia Wass
Published on LexisPSL on 02/10/2019

The following Private Client Q&A Produced in partnership with Patricia Wass provides comprehensive and up to date legal information covering:

  • Can a claim for an account and recovery be made against a Court of Protection (CoP) appointed deputy’s estate if the deputy dies before proceedings are issued? If proceedings have been issued, can the claim continue after the death of the deputy?

The Court of Protection may revoke the appointment of a deputy or vary the powers conferred on them if it is satisfied that the deputy has behaved in a way that contravenes the authority conferred on them by the court. The court can remove deputies who act inappropriately and ask for an account and recovery during their lifetime. This would normally be dealt with by the Public Guardian commencing an investigation against the deputy which it is authorised to do and the Public Guardian can ask for a deputy to provide a final account where that deputy has been discharged. If the discharged deputy has died then the substitute deputy can employ a forensic accountant to assist in the completion of the account depending on the complexity of the matter.

Ordinarily, the Court of Protection requires a deputy to put in place a security bond with the premiums being paid from the protected person (P)’s estate, and this can be called in in the event that there is misappropriation of P’s funds. That short circuits the need for the substitute deputy to pursue proceedings against the former deputy. The bond company can then pursue its own proceedings against the former deputy. Save for proceedings in the Court of Protection to call in the bond in the case of abuse by a deputy, proceedings to recover

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