MLJ, Re

MLJ, Re

Georgina failed to demonstrate that Malcolm had acted contrary to his authority or Miriam’s best interests. Malcolm’s performance as deputy was satisfactory, and the appointment of Georgina as joint deputy would be untenable due to irreconcilable differences. Appointment of a professional deputy would incur unnecessary expense without benefit to Miriam.

Parties
Applicant: Georgina; Respondent: Malcolm; Incapacitated Person: Miriam
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Contested Application for Deputy Appointment / Judgment
Outcome
Application dismissed
Legal Topics
Deputy Appointment, Best Interests, Removal of Deputy
Mental Capacity Court of Protection Deputy Appointment Best Interests Removal of Deputy

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 5 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Georgina

Applicant

Malcolm

Respondent

Miriam

Incapacitated Person

Procedural Posture

Contested Application for Deputy Appointment / Judgment

Legal Issues

  1. 1 Whether Georgina should be appointed as joint deputy with Malcolm
  2. 2 Whether Malcolm should be removed as deputy and replaced by a professional deputy
  3. 3 Whether Malcolm has acted contrary to his authority or Miriam's best interests

Ratio Decidendi

Georgina failed to demonstrate that Malcolm had acted contrary to his authority or Miriam’s best interests. Malcolm’s performance as deputy was satisfactory, and the appointment of Georgina as joint deputy would be untenable due to irreconcilable differences. Appointment of a professional deputy would incur unnecessary expense without benefit to Miriam.

Court Disposition

Application dismissed

Orders

  • No order for costs at this stage; submissions invited from Georgina’s legal advisers regarding costs.