A, Re [2016] EWCOP 3 (12 January 2016)

A, Re [2016] EWCOP 3 (12 January 2016)

It is in A's best interests to appoint Suzanne Marriott as deputy and trustee due to her qualifications, experience, and lack of suitable family member; professional fees will be assessed annually and are not excessive.

Citation
[2016] EWCOP 3
Parties
Applicant: C; Respondent: D
Jurisdiction
England and Wales
Judgment Date
12 January 2016
Procedural Posture
Contested Application for Appointment of Deputy and Trustee / Judgment on Appointment of Deputy and Trustee
Outcome
Application granted
Legal Topics
Deputy Appointment, Trustee Appointment, Best Interests, Costs, Mental Capacity Act 2005
Mental Capacity Trusts and Estates Deputy Appointment Trustee Appointment Best Interests Costs Mental Capacity Act 2005

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Parties

C

Applicant

D

Respondent

Procedural Posture

Contested Application for Appointment of Deputy and Trustee / Judgment on Appointment of Deputy and Trustee

Legal Issues

  1. 1 Whether Suzanne Marriott should be appointed as deputy for property and affairs and trustee for A
  2. 2 Whether appointment is in A's best interests
  3. 3 Whether professional fees are proportionate

Ratio Decidendi

It is in A's best interests to appoint Suzanne Marriott as deputy and trustee due to her qualifications, experience, and lack of suitable family member; professional fees will be assessed annually and are not excessive.

Court Disposition

Application granted

Orders

  • Suzanne Marriott appointed as deputy for property and affairs and trustee for A
  • Deputy to reply only to communications from D relevant to her role and not to repeat points