Court of Protection: When relationships break down

Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it to be necessary. Alex Cisneros’ article is published in Trusts and Estates Law & Tax Journal where he discusses a recent case concerning discharging deputies in the Court of Protection.

In this article, originally published in Trusts and Estates Law & Tax Journal, Alex Cisneros considers the circumstances when a court will discharge a deputy. He explores the case of Kambli v The Public Guardian [2021] EWCOP 53 in which Claire van Overdijk, also of Outer Temple Chambers, appeared as counsel for the applicant.

Discharging a Court of Protection deputy is not a step that is taken lightly. It can often be a challenge for professional deputies to remove themselves from a deputyship appointment and they should not expect to step aside merely because they consider it to be necessary.

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Click here to view the judgment

Alex Cisneros and Claire van Overdijk are private client and public law barristers at Outer Temple Chambers. To find out more, contact Matt Sale (+44 (0)20 7427 4910) or call us on +44 (0)20 7353 6381 for a confidential discussion.

External Publications 7 Apr, 2022