PAW, Re (appointment of a deputy)

PAW, Re (appointment of a deputy)

IW is unsuitable to be appointed as deputy due to an actual conflict of interest as principal debtor to his parents and lack of competence and integrity. ARW is not appointed due to his own health issues. SJ and BQ are suitable, trusted, and willing relatives, previously appointed as executors and attorneys, and...

Source-derived case information.

Parties
Applicant: ARW; Applicant: SJ; Applicant: BQ; Respondent: IW
Jurisdiction
England and Wales
Judgment Date
02 September 2015
Procedural Posture
Application for Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing
Outcome
application granted in part
Legal Topics
Appointment of Deputy, Conflict of Interest, Best Interests, Property and Financial Affairs
Mental Capacity Family Law Appointment of Deputy Conflict of Interest Best Interests Property and Financial Affairs

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Parties

ARW

Applicant

SJ

Applicant

BQ

Applicant

IW

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Who should be appointed as deputy for PAW's property and financial affairs?
  2. 2 Is IW suitable to be appointed as deputy given his financial conflict and family objections?
  3. 3 Should ARW be appointed as deputy given his own health issues?

Ratio Decidendi

IW is unsuitable to be appointed as deputy due to an actual conflict of interest as principal debtor to his parents and lack of competence and integrity. ARW is not appointed due to his own health issues. SJ and BQ are suitable, trusted, and willing relatives, previously appointed as executors and attorneys, and their appointment is in PAW's best interests.

Court Disposition

application granted in part

Orders

  • SJ and BQ appointed as joint deputies for PAW's property and financial affairs
  • IW not appointed as deputy