A, Re

A, Re

It is in A's best interests to appoint Suzanne Marriott as deputy and trustee because no suitable family member is willing to act, she is highly qualified, supported by family and professionals, and professional fees will be assessed annually to ensure proportionality.

Parties
Applicant: C; Respondent: D; Incapacitated Person: A
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
Appointment of Deputy, Appointment of Trustee, Best Interests, Costs, Mental Incapacity
Mental Capacity Trusts and Estates Appointment of Deputy Appointment of Trustee Best Interests Costs Mental Incapacity

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Parties

C

Applicant

D

Respondent

A

Incapacitated Person

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 because no suitable family member is willing to act, she is highly qualified, supported by family and professionals, and professional fees will be assessed annually to ensure proportionality.

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 reply to irrelevant or repetitious communications