A man who successfully challenged his mother's final will is likely to recover the lion's share of his legal costs after the High Court ruled that his brother, who attempted to uphold the will's validity, should pay his costs on the indemnity basis . In...
A Court appointed deputy will continue in their role until such time as the Court makes a further Order discharging them of their duties.
The deputyship will also come to an end if the client or the deputy dies. In the event that the client has passed away the deputy should provide the OPG and the Court of Protection with a copy of the death certificate and they will explain what will happen next. In the event that the deputy has passed away, their executor or personal representative should notify both the OPG and the Court who will ensure that a replacement deputy is appointed.
In the event that two or more deputies have been appointed to act jointly, the joint appointment will fail on death causing the deputyship to end. If deputies have been appointed to act jointly and severally, the surviving deputy(s) can continue to act.
A deputy’s appointment will also end if the client regains mental capacity. If this should happen, the deputy must submit a COP9 to the Court of Protection together with medical evidence confirming that the client has regained capacity.
There may also be instances where the deputy no longer wishes or considers themselves able to continue in their role. In this situation a COP1 form will need to be submitted to the Court of Protection requesting the appointment of a new deputy.
If you need advice regarding any aspect of a deputyship then why not contact one of our specialist Court of Protection advisors today.