H, Re

H, Re

Despite practical and legal disadvantages, the appointment of successive deputies is allowed in this case because it is in H's best interests, primarily due to the continuity of care, communication needs, and the peace of mind it provides to her parents, who have subordinated their lives to H's welfare. The court is satisfied that the proposed deputies are suitable and that no harm will be done to H by making the appointment now.

Parties
Applicant/parent/proposed Deputy: F; Applicant/parent/proposed Deputy: M; Subject/incapacitated Person: H; Proposed Successive Deputy: A; Proposed Successive Deputy: B; Proposed Successive Deputy: C
Jurisdiction
England and Wales
Judgment Date
05 August 2015
Procedural Posture
Court of Protection Application (mental Capacity Act 2005) / Judgment on Application for Appointment of Successive Deputies
Outcome
Application for appointment of successive deputies allowed.
Legal Topics
Deputyship, Successive Deputies, Best Interests, Autism and Capacity, Personal Welfare Orders
Mental Capacity Family Law Human Rights Deputyship Successive Deputies Best Interests Autism and Capacity Personal Welfare Orders

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Parties

F

Applicant/parent/proposed Deputy

M

Applicant/parent/proposed Deputy

H

Subject/incapacitated Person

A

Proposed Successive Deputy

B

Proposed Successive Deputy

C

Proposed Successive Deputy

Procedural Posture

Court of Protection Application (mental Capacity Act 2005) / Judgment on Application for Appointment of Successive Deputies

Legal Issues

  1. 1 Whether it is in H's best interests to appoint successive deputies for property and affairs and personal welfare under the Mental Capacity Act 2005
  2. 2 Whether the appointment of successive deputies is compatible with the principles of limited duration and least restrictive intervention under the MCA and international human rights law

Ratio Decidendi

Despite practical and legal disadvantages, the appointment of successive deputies is allowed in this case because it is in H's best interests, primarily due to the continuity of care, communication needs, and the peace of mind it provides to her parents, who have subordinated their lives to H's welfare. The court is satisfied that the proposed deputies are suitable and that no harm will be done to H by making the appointment now.

Court Disposition

Application for appointment of successive deputies allowed.

Orders

  • F and M appointed as joint and several deputies for property and affairs and personal welfare for H.
  • A, B, and C appointed as successive deputies in the event F and/or M can no longer act, in accordance with specified procedures and subject to amendments recommended by the Public Guardian.