BC v McGilloway (as Controller of a patient) [2022] NIFam 29 (28 September 2022)

BC v McGilloway (as Controller of a patient) [2022] NIFam 29 (28 September 2022)

The appeal was dismissed because BC had a clear conflict of interest as she was about to be sued for unaccounted funds belonging to the patient, and there was a significant family dispute. The Master exercised her discretion correctly in appointing a professional controller in the best interests of the patient.

Citation
[2022] NIFam 29
Parties
Appellant: BC; Respondent: Carmel McGilloway; Intervenor: CD; Intervenor: DE
Jurisdiction
Northern Ireland
Judgment Date
28 September 2022
Procedural Posture
Appeal / Judgment on Appeal Against Appointment of Controller
Outcome
Appeal dismissed
Legal Topics
Appointment of Controller, Conflict of Interest, Best Interests of Patient, Judicial Discretion, Family Disputes in Controllership
Mental Health Law Family Law Appointment of Controller Conflict of Interest Best Interests of Patient Judicial Discretion Family Disputes in Controllership

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Parties

BC

Appellant

Carmel McGilloway

Respondent

CD

Intervenor

DE

Intervenor

Procedural Posture

Appeal / Judgment on Appeal Against Appointment of Controller

Legal Issues

  1. 1 Whether the Master erred in appointing a professional controller instead of a family member
  2. 2 Whether BC was suitable for appointment as controller given alleged financial impropriety and family dispute

Ratio Decidendi

The appeal was dismissed because BC had a clear conflict of interest as she was about to be sued for unaccounted funds belonging to the patient, and there was a significant family dispute. The Master exercised her discretion correctly in appointing a professional controller in the best interests of the patient.

Court Disposition

Appeal dismissed

Orders

  • Carmel McGilloway to remain as controller of the patient's affairs
  • Costs to be determined after hearing the parties