Donna v Martin & Anor [2015] EWCOP 23 (27 March 2015)

Donna v Martin & Anor [2015] EWCOP 23 (27 March 2015)

Due to hostility between Alan and Donna and the rest of DC's family and care staff, and concerns about their suitability and motives, it is in DC's best interests for an independent deputy—London Borough of Croydon—to be appointed for property and financial affairs. Appointment of a personal welfare deputy is neither necessary nor well-founded; collaborative decision-making is preferable.

Citation
[2015] EWCOP 23
Parties
Applicant: Alan; Applicant: Donna; Respondent: David; Respondent: Janice; Respondent: Martin; Respondent: London Borough of Croydon
Jurisdiction
England and Wales
Judgment Date
27 March 2015
Procedural Posture
Court of Protection Deputyship Application / Application for Reconsideration of Deputy Appointment Order
Outcome
Application for reconsideration dismissed; previous orders confirmed.
Legal Topics
Deputyship, Property and Financial Affairs, Personal Welfare, Best Interests, Mental Capacity Act 2005
Mental Capacity Law Court of Protection Deputyship Property and Financial Affairs Personal Welfare Best Interests Mental Capacity Act 2005

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Parties

Alan

Applicant

Donna

Applicant

David

Respondent

Janice

Respondent

Martin

Respondent

London Borough of Croydon

Respondent

Procedural Posture

Court of Protection Deputyship Application / Application for Reconsideration of Deputy Appointment Order

Legal Issues

  1. 1 Whether Alan and Donna should be appointed as deputies for DC's property and financial affairs and personal welfare
  2. 2 Whether London Borough of Croydon should be appointed as independent deputy for DC's property and affairs
  3. 3 Whether there is a need for a health and welfare deputy for DC

Ratio Decidendi

Due to hostility between Alan and Donna and the rest of DC's family and care staff, and concerns about their suitability and motives, it is in DC's best interests for an independent deputy—London Borough of Croydon—to be appointed for property and financial affairs. Appointment of a personal welfare deputy is neither necessary nor well-founded; collaborative decision-making is preferable.

Court Disposition

Application for reconsideration dismissed; previous orders confirmed.

Orders

  • London Borough of Croydon appointed as deputy for DC's property and financial affairs.
  • No appointment of a personal welfare deputy; permission to apply for such order refused.