If Britney was in England – Can I transfer my Deputyship?
Following on from the high-profile case in America involving Britney Spears and her Conservatorship battle to have her father removed as her conservator, what’s the English equivalent and position?
The equivalent in England and Wales is the Court of Protection, which appoints deputies to manage the personal affairs of those who are deemed to lack capacity. Deputies are often appointed as a last resort when there is no valid Lasting Power of Attorney in place.
There are many reasons as to why someone may lack capacity to manage their affairs, with the most common being as a result of a traumatic brain injury, old age or dementia. Therefore, if someone lacks capacity to manage their affairs, should they not have a choice as to who?
The case of Britney Spears has highlighted the need for information around the choices available to those who have their property and finances managed under the Court of Protection by a deputy.
With deputies almost becoming part of the family, if they aren’t already a family member, due to their close working relationship with the client it is easy to understand the need to have someone you can trust to make decisions about another person’s life.
Sometimes a deputy may be appointed whether this is a family member as a lay deputy or a professional deputy such as Bromleys, and the relationship no longer works for the protected party.
What are the common reasons for a change in deputy?
Lay deputy
- Family member is appointed and no longer wishes to continue in the role as there is too much involved and it impacts the relationship.
- Lacks knowledge in a particular area or the management becomes too legally complex to manage.
- Abuse of position or breakdown in relationship.
Professional deputy
- Failure to communicate decisions properly.
- Completely ignores family wishes and opinions without good reason.
- Failure to build a relationship with the family and close friends
- High costs involved especially when using a city centre firm
- Lack of a named contact with whom to communicate effectively.
Why choose Bromleys?
Here at Bromleys we currently manage numerous cases under the Court of Protection. These range from local authority cases managing smaller sums up to multi-million pound settlements. We undertake this work whilst adhering to the highest standards of client care and have fully adopted the Deputy Standards into our working practices as set out by the Office of the Public Guardian, which supervises professional deputies.
With Bromleys you get not one but two named contacts at the firm. We are always on hand to help as we are a close-knit team. We are happy to assist clients based anywhere in the country. Also, due to our location, we have a lower charging rate than other firms based in the city centre and therefore clients receive the same high standards expected of those firms but at a lower cost, allowing their funds to go further.
Communication is key here at Bromleys, and this has been demonstrated throughout the Covid-19 pandemic using technology to keep in touch with clients face-to- face, albeit virtually, whilst still catering for those who prefer to be seen in person in our Covid-secure offices.
Should you wish to discuss transferring your deputyship matter and have a greater say in how your life is managed, please get in touch with team of experts in the Court of Protection & Power of Attorneys team who will guide you through the process to guarantee a service that is tailored specifically to your needs. Please contact Bromleys on 0161 330 6821 to arrange your free telephone discussion. If you prefer, you can fill in our online form or alternatively, you can email us on bromleys@bromleys.co.uk and we’ll call you back.