David and Barry v Peter [2014] EWCOP 31 (03 September 2014)

David and Barry are appointed as deputies because their geographical proximity to DG and their ability to interact constructively with carers and statutory agencies make them better suited to act in DG's best interests than Peter, whose confrontational approach and distance are disadvantageous.

Citation: [2014] EWCOP 31
Parties: Applicant: David; Applicant: Barry; Respondent: Peter
Jurisdiction: England and Wales
Judgment Date: 03 September 2014
Procedural Posture: Contested Application for Appointment of Deputy for Property and Affairs / Judgment After Hearing
Outcome: Application granted in favour of David and Barry.
Legal Topics: Deputy Appointment, Best Interests, Family Disputes, Property and Affairs Management

Mental Capacity Law Court of Protection Deputy Appointment Best Interests Family Disputes Property and Affairs Management

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Parties

David

Applicant

Barry

Applicant

Peter

Respondent

Procedural Posture

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

Legal Issues

1 Who should be appointed as deputy for DG's property and affairs?
2 Whether the applicants or the respondent are more suitable as deputies in DG's best interests

Ratio Decidendi

Court Disposition

Application granted in favour of David and Barry.

Orders

David and Barry appointed jointly and severally as deputies for DG's property and affairs.
Deputies must provide Peter with regular updates on DG's circumstances, copies of bank statements, and annual deputyship reports.