BIM & Ors v MD

The applicants' failure to notify BIM's sons, lack of explanation, and possible conflict of interest disqualify them from appointment. A professional deputy is necessary to investigate and manage BIM's affairs in her best interests.

Parties: Applicant: DM; Applicant: AM; Respondent: MD
Jurisdiction: England and Wales
Judgment Date: 30 October 2014
Procedural Posture: Contested Application for Appointment of Deputy for Property and Affairs / Judgment After Attended Hearing
Outcome: Applicants' application dismissed; professional deputies appointed
Legal Topics: Appointment of Deputy, Property and Affairs, Notification Requirements, Costs in Court of Protection

Mental Capacity Law Family Law Appointment of Deputy Property and Affairs Notification Requirements Costs in Court of Protection

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Respondent

Procedural Posture

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

Legal Issues

1 Who should be appointed as deputy for BIM's property and affairs?
2 Whether the applicants' conduct disqualifies them from appointment
3 Whether a professional deputy should be appointed

Ratio Decidendi

Court Disposition

Applicants' application dismissed; professional deputies appointed

Orders

Applicants' application to be appointed as deputies is dismissed.
Peter Blake and Paul Dickie of Prettys Solicitors are appointed jointly and severally as deputies for BIM's property and affairs.