Areas of Practice
Deputyship » Removal of Deputy
Removal of a Deputy
If you wish to remove your Deputy or that of a loved one call us today on 02920 765050 to discuss your case.
Professional Deputy not acting in your best interests ?
Deputy acting outside their power ?
Deputy appointment no longer necessary ?
Application for removal of Deputy
An application for the removal of a person validly appointed as a deputy does not invoke the same discretion as the initial appointment of a deputy.
Section 16(8) of the Mental Capacity Act 2005 provides that:
"The court may, in particular, revoke the appointment of a deputy or vary the powers conferred on him if it is satisfied that the deputy –
has behaved, or is behaving in a way that contravenes the authority conferred on him by the court or is not in P's best interests, or
proposes to behave in a way that would contravene that authority or would not be in P's best interests"
There is no modern authority in English Law that considers the criteria for applicitions to remove a Deputy however guidelines were set in the New South Wales case of Holt v The Protective Commissioner.
In Re P  EWHC 1592 (COP) Mr Justice Hedley suggested that "the court ought to start from the position that, where family members offer themselves as deputies, then, in the absence of family dispute or other evidence that raises queries as to their willingness or capacity to carry out those functions, the court ought to approach such an application with considerable openness and sympathy."
For advice concerning removal of a Deputy call Clodes Solicitors the Mental Health Law Experts. We are able to travel to clients based anywhere in Wales and the South of England and can see clients at our offices:
Cardiff (Cardiff Gate Head Office CF23 8RU)
London (Chancery Lane,Holborn Gate, 330 High Holborn, Chancery Lane,WC1V 7QT)
Swansea (Princess Way,SA1 3LW)
Bristol (1 Friary, Temple Quay, BS1 6EA)