Legal Experts Have Duty to Put Best Interests of Client First, Lawyer Warns

Lawyers working in the Court of Protection field have a duty to put the best interests of their clients first and should always voice any concerns regarding potential cases of so-called ‘deputy shopping’, according to legal experts who have seen an increase in the trend.

Deputy shopping is an issue that sometimes arises in cases when Court of Protection practitioners are appointed as Deputies to manage the affairs those unable to do so themselves. The issue arises when families, whenever they are disappointed by a decision made by the Deputy, seek to challenge it by applying for the appointment of another Deputy that will accede to their requests.

Irwin Mitchell’s specialist Court of Protection team has warned that the growing trend has emerged in a number of cases, particularly where the client is a minor, and added that Deputies should always voice concerns to the Court when they think a change in Deputyship may not be in the best interests of the vulnerable client.

Alexander added that, in such cases, it is vital for legal experts to ensure that the issue is brought to the attention of the Court of Protection.