Re P

Re P

The court is satisfied that DP's parents and sister are suitable and sufficiently independent to be appointed as deputies for both welfare and financial matters, with appropriate conditions to safeguard DP's interests. There is no necessity for an independent deputy as the family has demonstrated the requisite skills, independence, and commitment.

Parties
Subject: DP; Applicant: Mr P (Parent); Applicant: E (Sister); Applicant: Mrs P (Parent); Intervener: Royal National Institute for the Blind; Intervener: West Berkshire County Council; Intervener: Professor Adam Ockelford; Respondent: Unknown Respondent
Jurisdiction
England and Wales
Judgment Date
13 May 2010
Procedural Posture
Welfare and Financial Deputyship Application (court of Protection) / Judgment on Appointment of Deputies
Outcome
Application granted
Legal Topics
Deputyship, Best Interests, Capacity, Welfare Decisions, Financial Management
Mental Capacity Law Family Law Deputyship Best Interests Capacity Welfare Decisions Financial Management

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Parties

DP

Subject

Mr P (Parent)

Applicant

E (Sister)

Applicant

Mrs P (Parent)

Applicant

Royal National Institute for the Blind

Intervener

West Berkshire County Council

Intervener

Professor Adam Ockelford

Intervener

Unknown Respondent

Respondent

Procedural Posture

Welfare and Financial Deputyship Application (court of Protection) / Judgment on Appointment of Deputies

Legal Issues

  1. 1 Whether DP's parents and sister should be appointed as deputies for welfare and financial matters
  2. 2 Whether an independent deputy is necessary
  3. 3 What conditions should attach to the deputies' powers

Ratio Decidendi

The court is satisfied that DP's parents and sister are suitable and sufficiently independent to be appointed as deputies for both welfare and financial matters, with appropriate conditions to safeguard DP's interests. There is no necessity for an independent deputy as the family has demonstrated the requisite skills, independence, and commitment.

Court Disposition

Application granted

Orders

  • DP's parents and sister appointed as deputies for both welfare and financial matters.
  • Deputies must consult fully with the RNIB and West Berkshire County Council before any move of accommodation.