AW, Re [2015] EWCOP 16 (17 March 2015)

AW, Re [2015] EWCOP 16 (17 March 2015)

DB is appointed as AW's deputy for property and affairs because he is better qualified, already managing AW's finances, geographically closer, has the support of AW's closest companion MG, and has demonstrated commitment and competence. The court found that DB's appointment is in AW's best interests, and joint deputyship is inappropriate due to acrimony between the parties.

Citation
[2015] EWCOP 16
Parties
Applicant: DB; Respondent: DW
Jurisdiction
England and Wales
Judgment Date
17 March 2015
Procedural Posture
Competing Applications for Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing
Outcome
DB appointed as sole deputy for property and affairs of AW.
Legal Topics
Deputyship Appointment, Best Interests, Property and Affairs, Mental Capacity Act 2005
Mental Capacity Law Court of Protection Deputyship Appointment Best Interests Property and Affairs Mental Capacity Act 2005

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Parties

DB

Applicant

DW

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Who should be appointed as AW's deputy for property and affairs: DB or DW?
  2. 2 What weight should be given to the views of significant persons in AW's life under the Mental Capacity Act 2005?

Ratio Decidendi

DB is appointed as AW's deputy for property and affairs because he is better qualified, already managing AW's finances, geographically closer, has the support of AW's closest companion MG, and has demonstrated commitment and competence. The court found that DB's appointment is in AW's best interests, and joint deputyship is inappropriate due to acrimony between the parties.

Court Disposition

DB appointed as sole deputy for property and affairs of AW.

Orders

  • DB to be appointed as AW's deputy for property and affairs.