GMP, Re

GMP, Re

Kate is appointed as deputy for property and affairs because it is in Gillian's best interests, she has the support of key family members and professionals, and there is no credible evidence she is unsuitable. Appointing a professional deputy or local authority would be unnecessary, disproportionate, and infringe...

Source-derived case information.

Parties
Applicant: KS; Respondent: JR
Jurisdiction
England and Wales
Judgment Date
19 October 2015
Procedural Posture
Objection to Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing
Outcome
Application allowed; objection dismissed
Legal Topics
Deputy Appointment, Best Interests, Mental Capacity Act 2005, Property and Affairs Management
Mental Capacity Law Family Law Deputy Appointment Best Interests Mental Capacity Act 2005 Property and Affairs Management

Source-derived case record

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

KS

Applicant

JR

Respondent

Procedural Posture

Objection to Appointment of Deputy for Property and Affairs / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether Kate (KS) should be appointed as deputy for property and affairs for Gillian despite objection from Jane (JR)
  2. 2 Whether a professional deputy or local authority should be appointed instead of a family member
  3. 3 Consideration of Gillian's past and present wishes and best interests

Ratio Decidendi

Kate is appointed as deputy for property and affairs because it is in Gillian's best interests, she has the support of key family members and professionals, and there is no credible evidence she is unsuitable. Appointing a professional deputy or local authority would be unnecessary, disproportionate, and infringe Gillian's rights.

Court Disposition

Application allowed; objection dismissed

Orders

  • Kate is appointed as deputy for Gillian's property and affairs
  • Court proposes to appoint Kate as deputy for personal welfare under section 16(6)