HS, Re [2015] EWCOP 33 (07 May 2015)

There was no countervailing reason to prevent CA's appointment as deputy. CA is suitable, willing, and best placed to act in HS's best interests. Appointment of Essex County Council or a panel deputy would be disproportionate and not the least restrictive option.

Citation: [2015] EWCOP 33
Parties: Applicant: THE PUBLIC GUARDIAN; Respondent: RA; Respondent: CA
Jurisdiction: England and Wales
Judgment Date: 07 May 2015
Procedural Posture: Court of Protection Property and Affairs / Application for Reconsideration of Orders
Outcome: Order appointing CA as deputy for HS's property and affairs in place of Essex County Council.
Legal Topics: Revocation of Enduring Power of Attorney, Appointment of Deputy, Best Interests, Suitability of Deputy, Mental Capacity Act 2005

Mental Capacity Law Court of Protection Revocation of Enduring Power of Attorney Appointment of Deputy Best Interests Suitability of Deputy Mental Capacity Act 2005

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Parties

THE PUBLIC GUARDIAN

Applicant

Respondent

Procedural Posture

Court of Protection Property and Affairs / Application for Reconsideration of Orders

Legal Issues

1 Whether the Enduring Power of Attorney (EPA) for HS should be revoked
2 Whether Essex County Council or CA should be appointed as deputy for HS's property and affairs

Ratio Decidendi

Court Disposition

Order appointing CA as deputy for HS's property and affairs in place of Essex County Council.

Orders

Revocation of previous order appointing Essex County Council as deputy
Appointment of CA as deputy for HS's property and affairs