Clarke, Re [2012] EWCOP 2714 (09 October 2012)

Clarke, Re [2012] EWCOP 2714 (09 October 2012)

It is not in Mrs Clarke's best interests at the present time to sell her Blackpool property, as her home provides comfort and familiarity, and the income shortfall might be made up in other ways. The deputyship is discharged as redundant. The property shall not be sold or charged during her lifetime without a further court order.

Citation
[2012] EWCOP 2714
Parties
Subject: Mrs Ann Clarke; Party/son/carer: Mr Michael Clarke; Party/daughter: Ms Angela Wild; Party/son: Mr Kevin Clarke; Deputy: Mr Hugh Jones
Jurisdiction
England and Wales
Judgment Date
09 October 2012
Procedural Posture
Court of Protection Mental Capacity Act 2005 / Final Judgment and Order on Sale of Property and Deputyship
Outcome
Application to sell property refused; deputyship discharged; property not to be sold or charged without court order.
Legal Topics
Best Interests Decision Making, Deputyship Discharge, Sale of Property of Protected Person, Assessment of Capacity, Welfare of Protected Person
Mental Capacity Property Law Family Law Best Interests Decision Making Deputyship Discharge Sale of Property of Protected Person Assessment of Capacity Welfare of Protected Person

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Parties

Mrs Ann Clarke

Subject

Mr Michael Clarke

Party/son/carer

Ms Angela Wild

Party/daughter

Mr Kevin Clarke

Party/son

Mr Hugh Jones

Deputy

Procedural Posture

Court of Protection Mental Capacity Act 2005 / Final Judgment and Order on Sale of Property and Deputyship

Legal Issues

  1. 1 Whether it is in Mrs Clarke's best interests for her Blackpool property to be sold
  2. 2 How Mrs Clarke's future income and housing needs are to be met
  3. 3 Whether the deputyship should be discharged

Ratio Decidendi

It is not in Mrs Clarke's best interests at the present time to sell her Blackpool property, as her home provides comfort and familiarity, and the income shortfall might be made up in other ways. The deputyship is discharged as redundant. The property shall not be sold or charged during her lifetime without a further court order.

Court Disposition

Application to sell property refused; deputyship discharged; property not to be sold or charged without court order.

Orders

  • Mrs Clarke's Blackpool property shall not be sold or charged during her lifetime without an order of this Court.
  • The deputyship in respect of Mrs Clarke is discharged.