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Compliance Failure Means to Loss of Legal Right to Manage Affairs
A man has recently been removed as the deputy (the person appointed by the Court of Protection (COP) to look after the finances of someone else who lacks the ability to do so) for his long-term partner – for failing to file accounts.
He was appointed as his partner's deputy after she suffered a stroke in 2010. Despite requests from the COP, he failed to file accounts and the Office of the Public Guardian (OPG) applied to the COP to have him removed as this was a requirement of his deputyship because of the size of the assets he managed for her.
He had also refused a visit from the OPG and failed to pay the OPG's supervision fees. He cheekily invoiced the OPG for the time he spent dealing with its representatives.
Despite there being no evidence at all of any financial impropriety and the man producing evidence that he had not touched his partner's assets, the COP placed the supervision of her financial affairs in the hands of a professional deputy, which will charge for services rendered.
Anyone who undertakes a role as attorney or deputy for someone else has a responsibility to carry out their functions properly and in the best interests of the person for whom they act.
In addition, a deputy must comply with the requirements set out by the COP.
This case should act as a reminder to anyone who looks after the affairs of someone else that failing to comply with the legal requirements and/or rulings of the COP can lead to a loss of your legal powers.