Removal of an attorney

If you are concerned about the actions of an attorney then you may wish to consider an application for their removal. It could be that you are concerned that the attorney is using the funds of the person lacking capacity for their own purposes or otherwise mismanaging their finances. The Office of the Public Guardian can investigate the actions of attorneys.

The Court of Protection can revoke the appointment of an attorney if it is satisfied that the attorney has behaved, is behaving, or is proposing to behave in a way that would contravene their authority as attorney. An attorney can also be removed if they have behaved, are behaving, or proposing to behave in a way that would not be in the best interests of the person whose affairs they are managing.

An application to remove an attorney may at the same time require an application to appoint a deputy, if the person concerned no longer has the capacity to appoint a new attorney.

If you would like to discuss any of this further please do not hesitate to contact us.