This would be applying for them to be removed from the appointment. There are very specific grounds by which you can do this and Hindle Campbell Law we can advise you about this and how to proceed.

You can also act if you consider someone lacks capacity and needs the protection of the Court to administer their affairs and protect from exploitation and possible abuse.

There are a large number of situations surrounding such a circumstance where you may need assistance and advice such as:

Applications for permission to make a gift – Attorneys and Deputies have limited powers to make gifts on behalf of someone who lacks capacity but only on certain occasions such as birthdays, weddings, civil partnerships and the like. The size of gift is also limited to be in proportion to the size of estate. It is possible to make larger gifts for other reasons by way of an application to the court of Protection. The court will consider the circumstances and if it is considered appropriate will grant consent. Should an Attorney or Deputy act without the Courts consent, the gift may be overruled and the Attorney removed from acting further.

Applications for Permission to deal with Property. In general Attorneys will have this authority but not always and in certain circumstances authority must be obtained from the court of protection. This would occur in circumstances where a property is sold at an under value or a sale to a family member.