HC, Re

HC, Re

Payments to CC and JC for care were reasonable, affordable, and less expensive than alternatives. Expenditure on property was justified and in HC's best interests. CC's explanations were satisfactory and he may continue as deputy with conditions.

Source-derived case information.

Parties
Applicant: The Public Guardian; Respondent: CC
Jurisdiction
England and Wales
Judgment Date
23 April 2015
Procedural Posture
Deputyship Revocation Application / Judgment After Contested Hearing
Outcome
Deputyship not revoked; retrospective approval granted for past payments and expenditures; deputy continues with conditions.
Legal Topics
Deputyship, Revocation of Deputyship, Best Interests, Property and Affairs, Care Payments, Retrospective Approval
Mental Capacity Law Court of Protection Deputyship Revocation of Deputyship Best Interests Property and Affairs Care Payments Retrospective Approval

Source-derived case record

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Parties

The Public Guardian

Applicant

CC

Respondent

Procedural Posture

Deputyship Revocation Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether CC should be removed as deputy for HC's property and affairs
  2. 2 Whether payments to CC and JC for care were reasonable and in HC's best interests
  3. 3 Whether expenditure on property renovation was justified and properly accounted for

Ratio Decidendi

Payments to CC and JC for care were reasonable, affordable, and less expensive than alternatives. Expenditure on property was justified and in HC's best interests. CC's explanations were satisfactory and he may continue as deputy with conditions.

Court Disposition

Deputyship not revoked; retrospective approval granted for past payments and expenditures; deputy continues with conditions.

Orders

  • Payments to CC and JC for care from 14 September 2009 to date retrospectively approved and authorised.
  • Deputy authorised to pay himself up to £1,500/month and JC up to £100/month for care, index-linked to ASHE 6145.