BIM & Ors v MD [2014] EWCOP 39 (30 October 2014)

BIM & Ors v MD [2014] EWCOP 39 (30 October 2014)

Applicants failed to notify BIM's sons as required, did not respond to the objection or attend the hearing, and their conduct requires investigation; it is in BIM's best interests to appoint professional deputies to ensure proper management and investigation of her affairs.

Citation
[2014] EWCOP 39
Parties
Applicants: DM and AM; Respondent: MD
Jurisdiction
England and Wales
Judgment Date
30 October 2014
Procedural Posture
Contested Application for Appointment of Deputy for Property and Affairs / Judgment After Attended Hearing
Outcome
Application by DM and AM dismissed; professional deputies appointed; costs order made.
Legal Topics
Appointment of Deputy, Property and Affairs, Notification Requirements, Costs in Court of Protection
Mental Capacity Law Court of Protection Appointment of Deputy Property and Affairs Notification Requirements Costs in Court of Protection

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Parties

DM and AM

Applicants

MD

Respondent

Procedural Posture

Contested Application for Appointment of Deputy for Property and Affairs / Judgment After Attended Hearing

Legal Issues

  1. 1 Whether applicants DM and AM should be appointed as deputies for BIM's property and affairs
  2. 2 Whether notification requirements to close family were complied with
  3. 3 Whether a professional deputy should be appointed instead of family members

Ratio Decidendi

Applicants failed to notify BIM's sons as required, did not respond to the objection or attend the hearing, and their conduct requires investigation; it is in BIM's best interests to appoint professional deputies to ensure proper management and investigation of her affairs.

Court Disposition

Application by DM and AM dismissed; professional deputies appointed; costs order made.

Orders

  • Applicants' application to be deputies is dismissed.
  • Peter Blake and Paul Dickie of Prettys Solicitors appointed jointly and severally as deputies for BIM's property and affairs.