The following Private Client guidance note Produced in partnership with Thomson Snell & Passmore provides comprehensive and up to date legal information covering:
A protected party (P) will come within the jurisdiction of the Court of Protection (the court) only when there is medical evidence of incapacity. The court is then able to delegate its authority by appointing a deputy to act on P’s behalf, under the terms of an order.
The deputy’s authority will continue for so long as the terms of the order allow, unless P no longer comes within the jurisdiction of the court, or if a situation occurs whereby the deputy is either unable to act, or it becomes inappropriate for the deputy to act.
In these situations, and on the consideration of evidence filed within an application, the court may make an order to discharge a deputy and appoint a replacement deputy.
There may be situations when the deputy no longer wishes to act, or is no longer able to act. This might be if the deputy is unable to carry out his duties and wishes to be replaced, or if a professional deputy wishes to retire from practice.
There are also situations when it may not be appropriate for a deputy to continue to act and it is necessary to make an application to the court for the removal of the deputy. This might be relevant when there has been a breakdown in the relationship between P
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