PMB, Re

PMB, Re

There is no effective challenge to the applicants’ competence or integrity, no evidence that hostility will impede administration, and the appointment of family members is in PMB’s best interests given her wishes, the support of other siblings, and the modest size of the estate. The respondent’s objections are unsubstantiated and a panel deputy would be disproportionate in cost.

Parties
Applicant: RS; Applicant: DG; Respondent: JG
Jurisdiction
England and Wales
Judgment Date
06 November 2014
Procedural Posture
Deputyship Application (property and Affairs) / Judgment After Contested Hearing
Outcome
respondent's objection dismissed; applicants appointed as joint deputies
Legal Topics
Appointment of Deputy, Best Interests, Court of Protection, Objection to Deputyship
Mental Capacity Family Law Appointment of Deputy Best Interests Court of Protection Objection to Deputyship

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Parties

RS

Applicant

DG

Applicant

JG

Respondent

Procedural Posture

Deputyship Application (property and Affairs) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the applicants should be appointed as joint deputies for PMB's property and affairs
  2. 2 Whether the respondent's objections to the applicants' appointment have merit
  3. 3 Whether a panel deputy should be appointed instead of family members

Ratio Decidendi

There is no effective challenge to the applicants’ competence or integrity, no evidence that hostility will impede administration, and the appointment of family members is in PMB’s best interests given her wishes, the support of other siblings, and the modest size of the estate. The respondent’s objections are unsubstantiated and a panel deputy would be disproportionate in cost.

Court Disposition

respondent's objection dismissed; applicants appointed as joint deputies

Orders

  • RS and DG appointed as joint deputies for PMB's property and affairs
  • Respondent's objection dismissed