Clarke, Re

Clarke, Re

It is not in Mrs Clarke’s best interests at the present time to sell her Blackpool property to make up an income shortfall that might be met in other ways. The property is her home and adapted to her needs. A sale would only be justified if her daily needs were not being met. The deputyship is now redundant and is discharged.

Parties
Subject/protected Party: Mrs Ann Clarke; Applicant/carer: Mr Michael Clarke; Respondent/family Member: Ms Angela Wild; Respondent/family Member: Mr Kevin Clarke; Deputy: Mr Hugh Jones
Jurisdiction
England and Wales
Judgment Date
09 October 2012
Procedural Posture
Court of Protection Mental Capacity / Final Judgment and Orders Following Written Submissions
Outcome
Application to sell property refused; deputyship discharged; proceedings concluded.
Legal Topics
Best Interests Determination, Sale of Property of Protected Party, Deputyship Discharge, Welfare of Incapacitated Person
Mental Capacity Property Law Family Law Best Interests Determination Sale of Property of Protected Party Deputyship Discharge Welfare of Incapacitated Person

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Parties

Mrs Ann Clarke

Subject/protected Party

Mr Michael Clarke

Applicant/carer

Ms Angela Wild

Respondent/family Member

Mr Kevin Clarke

Respondent/family Member

Mr Hugh Jones

Deputy

Procedural Posture

Court of Protection Mental Capacity / Final Judgment and Orders Following Written Submissions

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 to make up an income shortfall that might be met in other ways. The property is her home and adapted to her needs. A sale would only be justified if her daily needs were not being met. The deputyship is now redundant and is discharged.

Court Disposition

Application to sell property refused; deputyship discharged; proceedings concluded.

Orders

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