Recovery of capacityDeputies:recovery of capacity, andApplications:property and affairs casesDeputies:recovery of capacity, andApplications:property and affairs casesDeputies:recovery of capacity, andApplications:property and affairs cases
7.120The Court of Protection’s jurisdiction only extends to those who lack capacity to make certain decisions. It follows, therefore, that if P ceases to lack capacity in relation to their property and affairs, an application should be made for the discharge of the deputy.
1See PD 23B para 5.7.121If a deputy believes that P has regained their capacity to manage their property and affairs, they should obtain updated medical evidence to this effect and then apply to the court, following the procedure described above, to approve the discharge of the deputyship.
7.122The court will consider the evidence and if the application is approved will make an order for final accounts to be submitted, the ending of the security bond, the transfer of all assets to P’s name and for final costs to be dealt with.
2See PD 23B, COPR r167, and the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 SI No 1253 regs 37 and 40. See also paras 15.69 onwards.