Re PL (Objection Hearing)

Re PL (Objection Hearing)

VL is appointed as sole deputy for PL's property and affairs because he has satisfactorily cared for PL, joint appointment would be unworkable, and statutory safeguards (security, reporting to OPG) provide sufficient protection for PL's interests.

Parties
Applicant: VL; Respondent: JD; Respondent: LA
Jurisdiction
England and Wales
Judgment Date
11 March 2015
Procedural Posture
Deputyship Application (property and Affairs) / Judgment on Contested Application
Outcome
VL appointed as sole deputy for PL's property and affairs
Legal Topics
Deputyship, Property Management, Fiduciary Duties, Court of Protection, Supervision of Deputies
Mental Capacity Family Law Deputyship Property Management Fiduciary Duties Court of Protection Supervision of Deputies

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Parties

VL

Applicant

JD

Respondent

LA

Respondent

Procedural Posture

Deputyship Application (property and Affairs) / Judgment on Contested Application

Legal Issues

  1. 1 Whether VL should be appointed as deputy for PL's property and affairs
  2. 2 Whether joint appointment or independent deputy is appropriate
  3. 3 What safeguards are necessary to protect PL's interests

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, and statutory safeguards (security, reporting to OPG) provide sufficient protection for PL's interests.

Court Disposition

VL appointed as sole deputy for PL's property and affairs

Orders

  • VL to obtain and maintain security of £550,000, premium payable from PL's estate
  • VL authorised to manage and invest PL's assets, including power to sell or let properties