RP, Re

RP, Re

Given the complexity of Ron's affairs, prior dealings by family members, and concerns about bias, it is in Ron's best interests to appoint a panel deputy from a traditional private client firm with relevant expertise. Rheian Davies will continue as interim deputy until a panel deputy is appointed.

Parties
Applicant: Z; Respondent: SP; Respondent: CP; Respondent: MP; Respondent: AP
Jurisdiction
England and Wales
Judgment Date
05 January 2016
Procedural Posture
Application for Appointment of Deputy for Property and Affairs / Final Judgment After Reconsideration Hearing
Outcome
Panel deputy to be appointed; interim deputy continues until replacement.
Legal Topics
Appointment of Deputy, Best Interests, Conflict of Interest, Bias, Investigation of Financial Affairs
Mental Capacity Court of Protection Appointment of Deputy Best Interests Conflict of Interest Bias Investigation of Financial Affairs

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Parties

Z

Applicant

SP

Respondent

CP

Respondent

MP

Respondent

AP

Respondent

Procedural Posture

Application for Appointment of Deputy for Property and Affairs / Final Judgment After Reconsideration Hearing

Legal Issues

  1. 1 Who should be appointed as deputy for property and affairs for Ron?
  2. 2 Is there a conflict of interest or bias in appointing Rheian Davies as deputy?
  3. 3 Are family members suitable for appointment as deputy given prior dealings and allegations?

Ratio Decidendi

Given the complexity of Ron's affairs, prior dealings by family members, and concerns about bias, it is in Ron's best interests to appoint a panel deputy from a traditional private client firm with relevant expertise. Rheian Davies will continue as interim deputy until a panel deputy is appointed.

Court Disposition

Panel deputy to be appointed; interim deputy continues until replacement.

Orders

  • Rheian Davies to continue as interim deputy until panel deputy is appointed.
  • Panel deputy to be identified and appointed from a suitable firm.