What can you do if a Property and Affairs Deputyship Order is no longer required

A Property and Affairs Deputyship Order allows a court- appointed deputy to make decisions relating to property and finances on behalf of a person lacking mental capacity. These are most commonly used in instances where there is no Lasting Power of Attorney (LPA) in place and can give the deputy the ability to:

– Access the vulnerable person’s bank accounts,
– Pay bills and debts,
– Rent or sell property, and
– Manage their capital.

However, circumstances can change- deputies may need to step down, the order may no longer be workable, or the vulnerable person may regain their mental capacity. In such cases, an application can be made to the Court of Protection to discharge the order.
Considering a situation where the existing deputy is making the application, they will need to complete and send to the Court of Protection:

• Form COP1 (this form requires a fee of £421 to be paid),
• COP1E, and
• COP24.

There is an obligation to notify at least three other people with an interest in your application, therefore, subject to whether you chose to notify or whether you do not feel as though this is necessary, you may also need to complete form COP9 (to dispense with notification).

Applications made where the reason for seeking discharge is due to the fact the vulnerable person has regained mental capacity also require evidence of this, usually in the form of a professional capacity assessment.

These forms are available on the government website, so can be completed by anyone. However, instructing a solicitor to prepare the application can help avoid delays and increase the likelihood of a successful outcome.

If you would like to discuss the possibility of making of an application, please contact a member of our Private Client Team.