David and Barry v Peter

David and Barry v Peter

David and Barry's geographical proximity and ability to interact constructively with carers and statutory agencies make them more suitable deputies than Peter, whose approach is counter-productive and whose distance limits his involvement. Appointment of David and Barry is in DG's best interests.

Parties
Applicant: David; Applicant: Barry; Respondent: Peter
Jurisdiction
England and Wales
Judgment Date
03 September 2014
Procedural Posture
Contested Deputyship Application / Judgment
Outcome
Application granted
Legal Topics
Appointment of Deputy, Best Interests, Property and Affairs, Court of Protection Procedure
Mental Capacity Family Law Appointment of Deputy Best Interests Property and Affairs Court of Protection Procedure

Case Brief

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Parties

David

Applicant

Barry

Applicant

Peter

Respondent

Procedural Posture

Contested Deputyship Application / Judgment

Legal Issues

  1. 1 Who should be appointed as deputy for DG's property and affairs?
  2. 2 What factors determine suitability for deputyship under the Mental Capacity Act 2005?

Ratio Decidendi

David and Barry's geographical proximity and ability to interact constructively with carers and statutory agencies make them more suitable deputies than Peter, whose approach is counter-productive and whose distance limits his involvement. Appointment of David and Barry is in DG's best interests.

Court Disposition

Application granted

Orders

  • David and Barry appointed jointly and severally as deputies for DG's property and affairs.
  • Deputies required to send Peter regular emails about DG's circumstances and health, copies of DG's bank statements, and a copy of the annual deputyship report.