DGP Law v DGHP & Ors

DGP Law v DGHP & Ors

The court held that residence outside England and Wales does not preclude appointment as deputy if the candidate is otherwise suitable and the appointment is in the incapacitated person's best interests. Lori was found to be the most suitable candidate, with clear evidence of Doreen's wishes and a good working...

Source-derived case information.

Parties
Applicant: Lori; Respondent: Douglas; Respondent: Robin; Respondent: Paula
Jurisdiction
England and Wales
Judgment Date
21 September 2015
Procedural Posture
Deputyship Application / Reconsideration of Order Striking Out Objections
Outcome
Objections dismissed; applicant confirmed as deputy.
Legal Topics
Appointment of Deputy, Best Interests, Jurisdictional Suitability, Management of Property and Affairs
Mental Capacity Family Law Appointment of Deputy Best Interests Jurisdictional Suitability Management of Property and Affairs

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 4 Authorities cited 6 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lori

Applicant

Douglas

Respondent

Robin

Respondent

Paula

Respondent

Procedural Posture

Deputyship Application / Reconsideration of Order Striking Out Objections

Legal Issues

  1. 1 Whether a person habitually resident outside England and Wales can be appointed as deputy for property and affairs
  2. 2 Whether Lori is the most suitable candidate for appointment as deputy
  3. 3 Whether appointment is in Doreen's best interests

Ratio Decidendi

The court held that residence outside England and Wales does not preclude appointment as deputy if the candidate is otherwise suitable and the appointment is in the incapacitated person's best interests. Lori was found to be the most suitable candidate, with clear evidence of Doreen's wishes and a good working relationship with care providers.

Court Disposition

Objections dismissed; applicant confirmed as deputy.

Orders

  • Lori appointed as Doreen’s deputy for property and affairs.
  • Security set at £21,000 with a one-off premium of £98.