FH, Re

FH, Re

Abdul's limited English literacy does not render him incapable of acting as deputy for property and affairs, as he has demonstrated the ability to manage Fahmida's affairs with support, understands his duties, and has suitable arrangements in place. Appointment is in Fahmida's best interests and is less restrictive than alternatives.

Parties
Applicant: ARR; Respondent: SHS; Respondent: SH
Jurisdiction
England and Wales
Judgment Date
01 March 2016
Procedural Posture
Objection to Application for Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing
Outcome
Application granted in part; Abdul appointed as deputy for property and affairs with restrictions.
Legal Topics
Deputyship, Property and Affairs, Best Interests, Mental Capacity Act 2005, Appointment of Deputy, Illiteracy and Suitability of Deputy
Mental Capacity Family Law Deputyship Property and Affairs Best Interests Mental Capacity Act 2005 Appointment of Deputy Illiteracy and Suitability of Deputy

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Parties

ARR

Applicant

SHS

Respondent

SH

Respondent

Procedural Posture

Objection to Application for Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Abdul's limited English literacy renders him unsuitable to be appointed as deputy for property and affairs for Fahmida
  2. 2 Whether appointment of Abdul is in Fahmida's best interests under the Mental Capacity Act 2005

Ratio Decidendi

Abdul's limited English literacy does not render him incapable of acting as deputy for property and affairs, as he has demonstrated the ability to manage Fahmida's affairs with support, understands his duties, and has suitable arrangements in place. Appointment is in Fahmida's best interests and is less restrictive than alternatives.

Court Disposition

Application granted in part; Abdul appointed as deputy for property and affairs with restrictions.

Orders

  • Abdul appointed as deputy for property and affairs for Fahmida, excluding authority to deal with her house.
  • Recital that Fahmida's children and grandchildren may have access to her and Shama may have a key to the house.