Re PL (Objection Hearing) [2015] EWCOP 14 (11 March 2015)

Re PL (Objection Hearing) [2015] EWCOP 14 (11 March 2015)

VL is appointed as sole deputy for PL's property and affairs because he has satisfactorily cared for PL, joint appointment would be unworkable due to family conflict, and statutory safeguards (including security bond and OPG supervision) provide sufficient protection. VL must provide annual reports to the OPG and...

Source-derived case information.

Citation
[2015] EWCOP 14
Parties
Applicant: VL; Respondent: JD; Respondent: LA
Jurisdiction
England and Wales
Judgment Date
11 March 2015
Procedural Posture
Court of Protection Deputyship Application / Objection to Appointment of Deputy; Final Hearing and Order
Outcome
Application granted; VL appointed as sole deputy for PL's property and affairs.
Legal Topics
Deputyship, Property and Affairs, Fiduciary Duties, Safeguarding, Transparency, Objections to Deputyship, Security Bond, Supervision of Deputies
Mental Capacity Court of Protection Family Law Deputyship Property and Affairs Fiduciary Duties Safeguarding Transparency +3 more

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Parties

VL

Applicant

JD

Respondent

LA

Respondent

Procedural Posture

Court of Protection Deputyship Application / Objection to Appointment of Deputy; Final Hearing and Order

Legal Issues

  1. 1 Whether VL should be appointed as sole deputy for PL's property and affairs
  2. 2 Whether joint appointment or independent panel deputy is appropriate
  3. 3 Level of security required for deputyship

Ratio Decidendi

VL is appointed as sole deputy for PL's property and affairs because he has satisfactorily cared for PL, joint appointment would be unworkable due to family conflict, and statutory safeguards (including security bond and OPG supervision) provide sufficient protection. VL must provide annual reports to the OPG and share them with his sisters to ensure transparency.

Court Disposition

Application granted; VL appointed as sole deputy for PL's property and affairs.

Orders

  • VL appointed as sole deputy with general authority over PL's property and affairs, including power to sell or let properties.
  • VL required to obtain and maintain security of £550,000; annual premium of £1,100 payable from PL's estate.