PMB, Re [2014] EWCOP 42 (06 November 2014)

PMB, Re [2014] EWCOP 42 (06 November 2014)

The applicants RS and DG are suitable to be appointed as joint deputies for PMB's property and affairs. There is no effective challenge to their competence or integrity, and the hostility with JG will not impede the administration of PMB's estate. Appointment of a panel deputy would be unnecessary and disproportionate given the modest size of the estate. The statutory safeguards and reporting requirements are sufficient to protect PMB's interests.

Citation
[2014] EWCOP 42
Parties
Applicant: RS; Applicant: DG; Respondent: JG
Jurisdiction
England and Wales
Judgment Date
06 November 2014
Procedural Posture
Court of Protection Deputyship Application / Judgment After Contested Hearing
Outcome
Objection dismissed; applicants appointed as joint deputies for property and affairs.
Legal Topics
Deputyship, Best Interests, Appointment of Deputies, Family Disputes, Mental Capacity Act 2005
Mental Capacity Law Court of Protection Deputyship Best Interests Appointment of Deputies Family Disputes Mental Capacity Act 2005

Case Brief

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 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

RS

Applicant

DG

Applicant

JG

Respondent

Procedural Posture

Court of Protection Deputyship Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether it is in PMB's best interests for her daughters RS and DG to be appointed as joint deputies for property and affairs
  2. 2 Whether the respondent JG's objections to the appointment are valid
  3. 3 Whether a panel deputy should be appointed instead of family members

Ratio Decidendi

The applicants RS and DG are suitable to be appointed as joint deputies for PMB's property and affairs. There is no effective challenge to their competence or integrity, and the hostility with JG will not impede the administration of PMB's estate. Appointment of a panel deputy would be unnecessary and disproportionate given the modest size of the estate. The statutory safeguards and reporting requirements are sufficient to protect PMB's interests.

Court Disposition

Objection dismissed; applicants appointed as joint deputies for property and affairs.

Orders

  • RS and DG appointed as joint deputies for PMB's property and affairs.
  • Level of security set at £21,000 with a one-off premium of £98 to be paid from PMB's estate.