Understanding the process of ending a lay Deputyship

Being appointed as a lay Deputy by the Court of Protection is a significant responsibility, placing the individual in a trusted position to make important decisions on behalf of someone who lacks mental capacity to do so for themselves.

However, people’s circumstances inevitably change over time, and you may come to feel that continuing in this role is no longer practical or appropriate. If you find yourself in this position, it is possible to step down as a lay Deputy to enable another trusted person to take on the responsibility.

Here, we examine some circumstances where you may wish to do so and what you can expect from the process.

Why might a lay Deputy want to step down?

Managing the long-term affairs of a partner, family member or close friend who lacks capacity can be a notoriously difficult task for even the most prepared volunteer, bringing with it a host of unique logistical, emotional and financial challenges.

There are a variety of reasons why a Deputy might want to renounce the authority they’ve been given by the Court of Protection, including:

• Health or age-related limitations
• Increased complexity in managing finances or assets
• Concerns about legal responsibilities and potential liability
• Time pressures or personal commitments
• A breakdown in family relationships or disagreements with other relatives
• Desire for a more professional, objective approach

When you’ve previously assumed responsibility for a loved one’s affairs, it’s understandable to feel conflicted about whether both parties would be better off passing the duties to another person or organisation.

However, it’s important to understand that there’s no shame in relinquishing the role – and the decision should certainly not be seen as a failure. In fact, recognising that another individual may be better suited to the role’s significant demands is often the most responsible decision one can make in the best interests of the person lacking capacity (known as ‘P’).

Stepping down as a lay Deputy: the four-step process

Relinquishing your authority as a Deputy is not an automatic process – for the decision to be legally recognised, you must go through the steps laid out by the Court:

Making an application to the Court of Protection

You should apply to the Court for formal recognition of your resignation. This application must also be accompanied by a statement explaining your reasons for stepping down from the role.

Notifying interested parties

As with any Court of Protection application, interested parties – such as family members, P’s representatives or other relevant professionals – must be notified.

This ensures transparency and allows others to raise concerns or objections regarding the change in circumstances.

Proposing a replacement Deputy

The Court of Protection will want to ensure continuity in managing P’s affairs as far as possible.

In the event of no suitable family member or friend being available and/or willing to take over to minimise disruption, a Professional Deputy with relevant experience – such as the PSG Trust Corporation  – can be nominated as a replacement.

Court decision and final Order

The Court will consider the application and, if deemed appropriate, will issue an order formally discharging the outgoing lay Deputy and appointing the new Deputy (professional or otherwise).

It’s crucial to note that resignation from the position of lay Deputyship is only sanctionable by the court – and until the discharging order is issued, you will be expected to continue in your capacity as Deputy for P and to act in their best interests.

What happens after a lay Deputy steps down?

Once the Court Order is made:

• The former lay Deputy’s authority ends
• The newly appointed Deputy takes over the management of P’s affairs
• All relevant institutions must be notified of the change in Deputyship as soon as possible (including banks, local authorities, care providers etc)

At this stage, it’s critical that the transition be made as smooth as possible to mitigate delays or risks to P’s wellbeing – particularly where care fees or essential bills need to be paid promptly.

In these cases, appointing a Professional Deputy is often an effective course of action to avoid unnecessary disruption and provide peace of mind.

How we can help

Our legal experts specialise in acting as Professional Deputy for clients across England and Wales and are regularly appointed by the Court of Protection to manage complex financial affairs.

These include:

• Large personal injury or clinical negligence awards
• High-value assets and investments
• Ongoing care arrangements and funding
• Property sales, purchases or adaptations
• Navigating benefits and care entitlements

We’re committed to working closely with families to ensure decisions are made in P’s best interests – with regular communication and transparent reporting – so you can rest assured your case receives the attention and compassion it deserves.

For lay Deputies considering stepping down, our friendly team also offer bespoke support to help ensure a seamless handover, for example:

• Providing initial advice on your duties (and whether stepping down is appropriate)
• Assisting with the preparation and submission of the Court application
• Acting as the proposed replacement Professional Deputy
• Liaising with financial institutions and care providers to ensure a seamless transition
• Offering long-term support and planning for P’s financial future

Get in touch

If you’re finding Deputyship responsibilities difficult to manage, or simply feel it’s time for a professional to step in, our Court of Protection team is here to help.

Our experienced legal experts are able to provide sensitive, practical guidance every step of the way according to your needs – whether that’s guiding you through relinquishing your duties as a lay Deputy or taking on the full management of P’s financial affairs as your trusted Professional Deputy.

Contact us today at cop@psg-law.co.uk, or call 03333 058 375, for a confidential discussion how we can support both you and your loved one throughout the crucial next steps.