When you rely on a professional deputy to help protect the finances y of a loved one, any unexpected change can feel deeply unsettling.
For many families, a deputy is not just a legal appointment, but a long‑term relationship built on trust, understanding, and communication. When that relationship is disrupted, questions naturally arise: Why is this happening? Do we have any say? What happens next? And can we seek a deputy who feels like the right fit for our loved one?
Zita Kiszko, Solicitor in our Court of Protection team, explains why deputy changes happen, what the Court of Protection requires, and, most importantly, how we support families through what can feel like a worrying transition.
Why Do Professional Deputies Change?
Professional deputies can step down for a range of legitimate reasons, such as illness, retirement, changes within their organisation, or circumstances that mean they can no longer carry out the role safely or effectively.
Sometimes this change can feel sudden, especially if it hasn’t been explained clearly. Many families tell us it seemed as though a new deputy had simply been “assigned” to them without any involvement or conversation.
It shouldn’t feel that way, and you’re not expected to navigate it alone.
The important point to understand first is this:
A deputyship can only change with approval from the Court of Protection.
There’s always a clear process in place, with safeguards designed to ensure every decision is made for the right reasons. Whatever the circumstances, your loved one’s needs remain at the heart of the appointment process.
Do Families Need to Consent to a New Deputy?
This is a common question, and the answer is slightly more nuanced than a simple yes or no.
A new deputy cannot be appointed without the Court’s approval, but families do not have the power to “veto” the change.
That being said, families and the person under the deputyship order are entitled to meet with more than one professional willing to become deputy. Doing so allows them to ensure the new is deputy is going to be a good fit.
Any change in deputy must then go through a formal Court of Protection application, even if the current deputy wishes to step down. As part of this formal process, at least 3 people closely connected to the person who lacks capacity must be notified and given the opportunity to object to the new deputy.
It is then the Court’s role is to decide whether the proposed deputyship is in the best interests of the person who lacks capacity, taking into account any objections.
This means that you do have a voice; it just sits within a structured process designed to protect your loved one.
Does a New Professional Deputy have to be Appointed?
If the person who is currently under a deputyship order still lacks capacity, a new deputy will need to be appointed.
If there is any doubt as to whether they still lack capacity or a capacity assessment has not been done in several years, it may be appropriate to get a new capacity assessment done. Ideally, this should be arranged by the existing deputy.
The capacity assessment will then determine if an application should be made to discharge the deputyship completely if the person has regained capacity or appoint a new deputy if the person still lacks capacity.
You may also decide that you wish to apply to become a ‘lay deputy’, meaning a family member or close friend acting as deputy.
Whilst you are within your rights to do so, the Court of Protection are unlikely to support a lay deputy appointment where the person who lacks capacity has a large settlement award or complex needs.
This means that it may be necessary to find a professional deputy that you can trust to take on this responsibility, whilst still allowing your voice to be heard.
What If You’re Worried About the Proposed Deputy?
Often the existing deputy to be discharged will nominate a new deputy. Importantly, you’re not expected to accept the proposed deputy without question, especially if something doesn’t feel right.
Families sometimes raise concerns about:
- Communication style
- Lack of personal connection
- Fees
- Continuity of care
- Loss of trust
- A previous poor experience
These are all reasonable issues to highlight.
You can raise such concerns with the Court during the notification period, however it can save a lot of time and money if you agree with the proposed deputy from the get go. This is why it is important to explore your options and speak with other professional deputies at the earliest opportunity if you are concerned about the deputy being proposed.
How We Support Families at Jackson Lees Group
Deputyship changes often arrive at difficult moments, and families tell us that what they need most is clarity, consistency, and someone they can rely on. Our Court of Protection team works closely with families across the North West, taking the time to understand each person’s circumstances and the things that matter most to them.
We provide clear guidance when navigating the Court’s process and help you feel grounded and informed at every stage. When a new professional deputy is needed, we are also able to take on that responsibility. Our approach places your loved one’s wellbeing, routines, and long‑term security at the centre of every decision, ensuring their affairs are managed with sensitivity and steady support.
If you are worried about a proposed change or simply want to understand your options, our team is here to help you navigate the future with confidence, clairty, and care. Please give us a call, request a callback or make an enquiry, to see how we can help.