A very high-profile battle is currently being fought by Britney Spears in America against her father who has been her conservator since 2008. A conservatorship is appointed by the Court for individuals who are unable to make their own decisions due to a diagnosis, such as dementia or a mental illness.
Britany Spears’ relationship with her father remains contentious and the conservatorship appears to be an unworkable appointment and yet it remains in place. Whether the battle continues to enable a more workable appointment, or agreement to be reached, remains to be seen.
Where an individual lacks mental capacity to manage their property and financial affairs in England and Wales, a deputy is appointed by the Court of Protection to manage these. A deputy is appointed to make decisions in relation to these matters, and is authorised to make decisions on behalf of the vulnerable adult that they are unable to make for themselves.
We commonly receive instructions from vulnerable adults under a deputyship or their families highlighting an unworkable appointment and a breakdown in communication with the deputy.
Changing a Deputy in England and Wales
The Office of the Public Guardian supervises all deputyships and should support any deputy and the families when there are difficult and conflicting opinions over what is in a person’s best interest. However, we do find that on many occasions it can be difficult to work through these contentious times and it may need an application into the Court of Protection for a final decision to be made.
The Court of Protection works to ensure that the best interest of the vulnerable adult remains paramount in all decision made and this approach should also be taken by the appointed deputy.
How can Nelsons help?
Gemma Hopper is an Associate in our expert Court of Protection team.
If you are working with a deputy and the relationship has broken down and the appointed deputy needs changing, please contact Gemma or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form for a confidential discussion over options that are available to you.