BM, Re [2014] EWCOP B20 (20 May 2014)

BM, Re [2014] EWCOP B20 (20 May 2014)

It is in BM's best interests to appoint AG as his deputy for property and financial affairs because AG is supported by BM's established network of friends and neighbours, there is evidence of JB's attempts to isolate BM and a conflict of interest, and AG has relevant managerial experience and time to devote to the...

Source-derived case information.

Citation
[2014] EWCOP B20
Parties
Applicant: JB; Respondent: AG
Jurisdiction
England and Wales
Judgment Date
20 May 2014
Procedural Posture
Deputyship Application (property and Affairs) / Judgment After Contested Hearing
Outcome
Application by JB refused; AG appointed as deputy for property and affairs.
Legal Topics
Deputy Appointment, Best Interests, Conflict of Interest, Support Networks, Section 4 Checklist
Mental Capacity Law Deputy Appointment Best Interests Conflict of Interest Support Networks Section 4 Checklist

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Parties

JB

Applicant

AG

Respondent

Procedural Posture

Deputyship Application (property and Affairs) / Judgment After Contested Hearing

Legal Issues

  1. 1 Who should be appointed as BM's deputy for property and affairs?
  2. 2 Whether JB or AG is in BM's best interests as deputy
  3. 3 Whether there is a conflict of interest or risk of isolation by JB

Ratio Decidendi

It is in BM's best interests to appoint AG as his deputy for property and financial affairs because AG is supported by BM's established network of friends and neighbours, there is evidence of JB's attempts to isolate BM and a conflict of interest, and AG has relevant managerial experience and time to devote to the role. The factor of magnetic importance is the support network representing the status quo prior to BM's incapacity, not solely BM's religious faith.

Court Disposition

Application by JB refused; AG appointed as deputy for property and affairs.

Orders

  • AG to be appointed as BM's deputy for property and financial affairs.
  • Court reserves to itself any decision on BM's placement upon discharge from hospital in case of disagreement.