EB v RC

EB v RC

RC is removed as deputy and IB is appointed because this is in EB's best interests. The original intention was for IB to act, he is geographically better placed, the family relationship with RC has irretrievably broken down, and there is an actual conflict of interest regarding potential negligence claims against RC. There is no longer a need for a deputy of last resort as the family is united. Safeguarding concerns can be addressed by security and supervision. RC's application regarding joint accounts is dismissed as disproportionate and outside the proper jurisdiction.

Parties
Applicant: IB; Respondent: RC; Subject: EB
Jurisdiction
England and Wales
Judgment Date
15 August 2011
Procedural Posture
Deputyship Removal and Appointment / Judgment
Outcome
application to remove RC as deputy allowed; IB appointed as deputy; RC's application regarding joint accounts dismissed; costs to be paid from EB's estate
Legal Topics
Removal of Deputy, Appointment of Deputy, Conflict of Interest, Best Interests, Costs in Court of Protection
Mental Capacity Deputyship Property Law Removal of Deputy Appointment of Deputy Conflict of Interest Best Interests Costs in Court of Protection

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Parties

IB

Applicant

RC

Respondent

EB

Subject

Procedural Posture

Deputyship Removal and Appointment / Judgment

Legal Issues

  1. 1 Whether RC should be removed as deputy for EB's property and affairs
  2. 2 Whether IB should be appointed as deputy for EB
  3. 3 Whether RC's application for orders regarding joint bank accounts should be granted

Ratio Decidendi

RC is removed as deputy and IB is appointed because this is in EB's best interests. The original intention was for IB to act, he is geographically better placed, the family relationship with RC has irretrievably broken down, and there is an actual conflict of interest regarding potential negligence claims against RC. There is no longer a need for a deputy of last resort as the family is united. Safeguarding concerns can be addressed by security and supervision. RC's application regarding joint accounts is dismissed as disproportionate and outside the proper jurisdiction.

Court Disposition

application to remove RC as deputy allowed; IB appointed as deputy; RC's application regarding joint accounts dismissed; costs to be paid from EB's estate

Orders

  • RC removed as deputy for EB's property and affairs
  • IB appointed as deputy for EB's property and affairs