Revoking a deputyship – are the Court of Protection’s powers constrained?

In CL v Swansea Bay University Health Board & Ors [2024] EWCOP 22 Theis J has confirmed that that the Court of Protection has an unfettered discretion to remove a deputy.  On appeal, she rejected the contention that the court’s powers are limited by s.16(8) MCA 2005, which talks of the court having the ability to revoke the appointment of a deputy or vary their powers “in particular” if the deputy “(a) has behaved, or is behaving, in a way that contravenes the authority conferred on him by the court or is not in P’s best interests, or (b) proposes to behave in a way that would contravene that authority or would not be in P’s best interests.

Theis J accepted that to limit the court’s powers to such circumstances would not enable it to respond appropriately to such situations as (1) P regaining capacity; (2) a deputy wishing to withdraw by reason of illness or retirement; (3) a deputy wishing because relationships have deteriorated even though they continue to act in their authority and in P’s best interests; (4) a more suitable deputy becomes available; (5) the appointment is contrary to P’s wishes and feelings; and (6) where the deputy seeks further powers.

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