FH, Re [2016] EWCOP 14 (01 March 2016)

FH, Re [2016] EWCOP 14 (01 March 2016)

Abdul's limited English literacy and reliance on support do not disqualify him from appointment as deputy for property and affairs, as he has demonstrated the ability to manage Fahmida's affairs, understands his responsibilities, has effective support arrangements, and the scope of his authority will be limited to exclude dealings with Fahmida's house. Appointment is in Fahmida's best interests and is less restrictive than alternatives.

Citation
[2016] EWCOP 14
Parties
Applicant: Abdul; First Respondent: Shama; Second Respondent: Suhail
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Court of Protection Deputyship Application / Final Hearing and Determination of Objections to Deputy Appointment
Outcome
Application granted in part
Legal Topics
Deputyship, Property and Affairs, Best Interests, Capacity, Appointment of Deputy, Objections to Deputyship, Role of Literacy in Deputyship
Mental Capacity Law Family Law Deputyship Property and Affairs Best Interests Capacity Appointment of Deputy Objections to Deputyship +1 more

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Parties

Abdul

Applicant

Shama

First Respondent

Suhail

Second Respondent

Procedural Posture

Court of Protection Deputyship Application / Final Hearing and Determination of Objections to Deputy Appointment

Legal Issues

  1. 1 Whether Abdul's limited English literacy and reliance on support disqualifies him from appointment as deputy for property and affairs
  2. 2 Whether appointment of Abdul is in Fahmida's best interests given objections from her children

Ratio Decidendi

Abdul's limited English literacy and reliance on support do not disqualify him from appointment as deputy for property and affairs, as he has demonstrated the ability to manage Fahmida's affairs, understands his responsibilities, has effective support arrangements, and the scope of his authority will be limited to exclude dealings with Fahmida's house. Appointment is in Fahmida's best interests and is less restrictive than alternatives.

Court Disposition

Application granted in part

Orders

  • Abdul appointed as deputy for Fahmida's property and affairs, excluding authority to sell, lease, or charge any property in which Fahmida has a beneficial interest without further court authority.
  • Recital that Fahmida's children and grandchildren may have access to her and Shama may have a key to the house.