Donna v Martin & Anor

Donna v Martin & Anor

Croydon Council is appointed as DC’s deputy for property and financial affairs because independent administration is in DC’s best interests, given family hostility and unsuitability of Alan and Donna. Alan and Donna are refused permission to apply for appointment as personal welfare deputies due to lack of collaboration and unsuitability.

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
Application Under Rule 89 of the Court of Protection Rules 2007 / Judgment Following Reconsideration Hearing
Outcome
Croydon Council appointed as deputy for property and financial affairs; Alan and Donna refused permission to apply for personal welfare deputyship.
Legal Topics
Appointment of Deputy, Property and Financial Affairs, Personal Welfare, Best Interests, Safeguarding Vulnerable Adults
Mental Capacity Court of Protection Appointment of Deputy Property and Financial Affairs Personal Welfare Best Interests Safeguarding Vulnerable Adults

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Parties

Alan

Applicant

Donna

Applicant

David

Respondent

Janice

Respondent

Martin

Respondent

London Borough of Croydon

Respondent

Procedural Posture

Application Under Rule 89 of the Court of Protection Rules 2007 / Judgment Following Reconsideration Hearing

Legal Issues

  1. 1 Who should be appointed as deputy for DC's property and financial affairs?
  2. 2 Should Alan and Donna be permitted to apply for appointment as personal welfare deputies?
  3. 3 Were allegations of financial abuse substantiated?

Ratio Decidendi

Croydon Council is appointed as DC’s deputy for property and financial affairs because independent administration is in DC’s best interests, given family hostility and unsuitability of Alan and Donna. Alan and Donna are refused permission to apply for appointment as personal welfare deputies due to lack of collaboration and unsuitability.

Court Disposition

Croydon Council appointed as deputy for property and financial affairs; Alan and Donna refused permission to apply for personal welfare deputyship.

Orders

  • Croydon Council to act as DC’s deputy for property and financial affairs.
  • No health and welfare deputy to be appointed.