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Insights // 03 June 2021

Challenging the Appointment of a Deputy

Senior solicitor Frances Kyle, in our Dispute Resolution team, explains how you can object to the appointment of a Deputy.

When someone loses the ability to manage their financial affairs, if they have not already appointed an Attorney using a Lasting Power of Attorney (LPA) or an Enduring Power of Attorney (EPA), it may be that an application to the Court of Protection is needed for a Deputy to be appointed.

Sometimes, unfortunately, there is disagreement amongst the family as to who would be best placed to undertake this important role. On making an application, there is a requirement to notify at least two people who are close to the individual and may wish to be informed. They then have the opportunity to object.

There are no set grounds for an objection, but it must take into account the provisions of the Mental Capacity Act 2005, for example if the objector can show that the appointment would not be in the best interests of the individual concerned. The Court of Protection will list a Dispute Resolution Hearing with the parties, at which they will need to have filed their witness statements and evidence in support of their positions. The Judge will examine the facts before the Court, and will endeavour to obtain a consensus as to how to move forward.

Our Dispute Resolution team is increasingly receiving instructions from objectors and those who are facing objections alike and are experienced in considering the likely approach to be taken by the Court of Protection when steering the Dispute Resolution Hearing, enabling their clients to present a viable and considered request to the Court and increasing their chances of controlling the outcome of the Hearing.

Should you wish to discuss an application or notice you wish to object to, our specialist Dispute Resolution team can help.

For further information or legal advice, please contact law@blandy.co.uk or call 0118 951 6800. 

This article is intended for the use of clients and other interested parties. The information contained in it is believed to be correct at the date of publication, but it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional advice.

Frances Kyle

Frances Kyle

Senior Solicitor, Dispute Resolution

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