Objecting to a Deputyship Application
When someone applies to become a Deputy for a person who lacks mental capacity, the Court of Protection must be satisfied that the appointment is in that person’s best interests. If you believe a proposed Deputy is not suitable or not required, you have the right to object.
Objections can be raised for several reasons. Below is a non-exhaustive list of reasons for objecting a deputyship application:
- Concerns that the proposed deputy cannot act impartially
- There is a conflict of interest
- The proposed deputy lacks the skills to manage finances or welfare decisions
- Concerns about proposed deputies behaviour e.g. mismanaging money
- There is someone else more suitable to take up the role
- There is no need for a deputy
To object, you must file a COP5 form with the Court of Protection. Your objection must explain clearly why the appointment is not in the person’s best interests and provide any supporting evidence. The Court may then request further information, hold a hearing, or consider alternative arrangements.
Ultimately, the Court’s priority is safeguarding the vulnerable person over any other parties interests. A well supported objection ensures the Court fully understands the risks and alternatives before making its final decision.
If you have received notice that someone is applying to become a Deputy, or you are aware of an application and wish to raise an objection, our Court of Protection team at Ellisons can provide clear guidance and tailored support throughout the process.
