ME, Re

ME, Re

Tina is appointed as deputy for property and affairs because she is willing, able, suitable, and acts in Margaret's best interests. Stephanie is not suitable due to poor relationships and lack of interpersonal skills. Paul is not suitable due to conflict of interest and inaction. Susan does not wish to act. Costs incurred by Stephanie are to be paid from Margaret's estate.

Parties
Applicant: Stephanie; Respondent: Susan; Respondent: Tina; Respondent: Paul
Jurisdiction
England and Wales
Judgment Date
28 September 2015
Procedural Posture
Deputyship Application (property and Affairs) / Final Judgment
Outcome
Application by Stephanie for appointment as deputy refused; Tina appointed as deputy for property and affairs.
Legal Topics
Appointment of Deputy, Property Management for Incapacitated Persons, Costs in Court of Protection
Mental Capacity Family Law Appointment of Deputy Property Management for Incapacitated Persons Costs in Court of Protection

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Parties

Stephanie

Applicant

Susan

Respondent

Tina

Respondent

Paul

Respondent

Procedural Posture

Deputyship Application (property and Affairs) / Final Judgment

Legal Issues

  1. 1 Who should be appointed as deputy for property and affairs for an incapacitated person?
  2. 2 Should the applicant's costs be paid from the estate?

Ratio Decidendi

Tina is appointed as deputy for property and affairs because she is willing, able, suitable, and acts in Margaret's best interests. Stephanie is not suitable due to poor relationships and lack of interpersonal skills. Paul is not suitable due to conflict of interest and inaction. Susan does not wish to act. Costs incurred by Stephanie are to be paid from Margaret's estate.

Court Disposition

Application by Stephanie for appointment as deputy refused; Tina appointed as deputy for property and affairs.

Orders

  • Tina appointed as deputy for property and affairs for Margaret, with authority to take necessary steps under Spanish law to sell or let the villa in Orihuela.
  • Stephanie's application costs to be paid from Margaret's estate.