What Happens to Deputyship When Someone Dies?

Court of Protection Deputyships

At its simplest, the role of a Deputy appointed by the Court of Protection will not stop until the Court discharges the Deputy, the person who is the subject of the Deputyship order dies, or a Deputy dies.

If the person you are Deputy for dies, any Court of Protection application or order will end. However, the Deputy must provide both the Office of the Public Guardian (OPG) and the Court of Protection with their case reference number, full name, date of birth and last address of the deceased person, together with a copy of the death certificate before the Court will discharge them of their duties.

The Deputy may need to provide a final report, including accounts, if the Public Guardian requests one. Also, unless the Court decides otherwise, the security bond paid when the Deputyship application was made will be valid for two years after the date of death. You may find this detailed note issued by the Public Guardian helpful.

Death of a Deputy

If the Deputy has died, their personal representative or Executor must notify the OPG and the Court of Protection, who will, in turn, make sure a replacement Deputy is appointed. If there are two Deputies, the joint appointment will end. If the Deputies act jointly and severally, the surviving Deputy will continue.

Our Advice

Our team’s experience and depth of knowledge mean that we’re well-placed to help and support you through what is likely to be a distressing time. Please contact us if you would like to discuss your situation with us or need further information about the Court of Protection and Deputyship Applications. We’re here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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