When somebody loses the capacity to manage their finances and property, and they haven’t already made a Lasting Powers of Attorney (LPA), often the only option left is for someone to make an application to the Court of Protection to be appointed as a ‘deputy’. 

Sometimes, this can be a family member of the person who has lost capacity, or a close friend or an independent third party. But what happens when there is a disagreement about who should be the deputy? 

Take this example. Mr X has dementia and no longer has capacity. Mr X’s partner (Ms Y) wants to apply to be appointed as deputy. However, Mr X’s daughters do not agree that Ms Y should be the deputy. This may be because they believe Ms Y is untrustworthy. Or, it could just be that they think they’re more capable of carrying out the role of deputy. They have tried to discuss this with Ms Y to reach an agreement, but Ms Y is adamant that she is going to make an application to the Court of Protection. 

How is this resolved? 

Firstly, there are certain steps that Ms Y must take when making the application. She must formally notify ‘people who are likely to have an interest’ that the application is being made. This notification must be made in writing, using particular court documents. In this case, the daughters are likely ‘people who are likely to have an interest’, as they are the children of Mr X. 

Ms Y must then allow them to respond in writing and indicate whether they agree with or contest the application. Their replies must then be disclosed to the court. 

The court will probably list the case for hearings, to allow Ms Y and the daughters to explain why their desired outcome is in Mr X’s best interests. The court will consider the parties’ views and all the facts, and will make a decision about which individual(s) would be most suitable and in Mr X’s best interests. 

This could be Ms Y. It could be the daughters. It could be a combination. The court could even determine that Mr X’s interests would be best met by an independent, professional deputy. 

Each case is unique and depends on the individual circumstances. 

For advice or support on who should be the deputy for a loved one, please contact us.