L v NG

L v NG

It is not in NG's best interests to appoint a deputy for property and affairs because the risks can be adequately managed by a restriction on the Land Registry, which is a less restrictive measure and better respects NG's autonomy and family relationships.

Parties
Applicant: L; Respondent: NG
Jurisdiction
England and Wales
Judgment Date
11 May 2015
Procedural Posture
Application for Deputyship (property and Affairs) / Judgment
Outcome
application dismissed
Legal Topics
Deputyship, Best Interests, Property and Affairs, Mental Capacity Act 2005
Mental Capacity Law Deputyship Best Interests Property and Affairs Mental Capacity Act 2005

Case Brief

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Parties

L

Applicant

NG

Respondent

Procedural Posture

Application for Deputyship (property and Affairs) / Judgment

Legal Issues

  1. 1 Whether it is in NG's best interests to appoint a deputy for property and affairs despite his lack of capacity
  2. 2 Whether a less restrictive alternative to deputyship exists

Ratio Decidendi

It is not in NG's best interests to appoint a deputy for property and affairs because the risks can be adequately managed by a restriction on the Land Registry, which is a less restrictive measure and better respects NG's autonomy and family relationships.

Court Disposition

application dismissed

Orders

  • Applicant is authorised to enter a restriction at the Land Registry: ‘Under an order of the Court of Protection made on 11 May 2015 (Case No. 12523141) no disposition by the proprietor of the registered estate is to be registered except under a further order of the Court.’