H, Re [2015] EWCOP 52 (05 August 2015)

H, Re [2015] EWCOP 52 (05 August 2015)

Despite the practical and legal disadvantages, the appointment of successive deputies is justified in H's case as it is in her best interests, primarily due to the continuity of care and peace of mind it provides to her parents, who have been her primary carers and whose views are given significant weight.

Citation
[2015] EWCOP 52
Parties
Applicant: F; Applicant: M; Subject: H
Jurisdiction
England and Wales
Judgment Date
05 August 2015
Procedural Posture
Court of Protection Mental Capacity / Judgment on Application for Appointment of Successive Deputies
Outcome
Application granted
Legal Topics
Deputyship, Successive Deputies, Best Interests, Mental Capacity Act 2005, UN Convention on the Rights of Persons With Disabilities
Mental Capacity Law Family Law Human Rights Deputyship Successive Deputies Best Interests Mental Capacity Act 2005 UN Convention on the Rights of Persons With Disabilities

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Parties

F

Applicant

M

Applicant

H

Subject

Procedural Posture

Court of Protection Mental Capacity / Judgment on Application for Appointment of Successive Deputies

Legal Issues

  1. 1 Whether it is in H's best interests to appoint successive deputies for property and affairs and personal welfare
  2. 2 Interpretation and application of sections 16(4) and 19(5) of the Mental Capacity Act 2005
  3. 3 Compatibility of successive deputy appointments with international human rights law

Ratio Decidendi

Despite the practical and legal disadvantages, the appointment of successive deputies is justified in H's case as it is in her best interests, primarily due to the continuity of care and peace of mind it provides to her parents, who have been her primary carers and whose views are given significant weight.

Court Disposition

Application granted

Orders

  • F and M appointed as deputies for H's property and affairs and personal welfare, with A, B, and C appointed as successive deputies in the event F and/or M are unable to act, subject to specified procedures for succession and notification to the Public Guardian.