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Application to determine whether the P's property was included in 'net assets' when deciding whether or not her net assets were above or below £16,000. The court ruled that the property is included in net assets.
Appeal against inability to charge higher rates for deputies although the hourly rate had not been reviewed since 2010. Appeal allowed.
The court had to decide if the professional deputy could be remunerated at a higher rate than public authority deputies. The court concluded that he could not.
Where a deputy wishes to discontinue in the role, an application must be made to the court.
Competing applications for the appointment of a deputy to manage the property and affairs of the P. The application was granted to Ms Harrison.
Judgment concerning whether, and in what circumstances, the deputy can recover from the protected person’s assets costs which have been or are likely to be incurred in legal proceedings.
Judgment relating to costs arising from an application by TQ to be made to be made a health and welfare deputy. She is the former key worker for P. P has a life long diagnosis of Lennox-Gastaut Syndrome (a severe form of epilepsy), cannot walk, requires 24 hour care and has no contact with family members.
Lawson, Mottram and Hopton, Re (appointment of personal welfare deputies) (Rev 1) [2019] EWCOP 2227/6/2019
Judgment from the Vice President in three conjoined appeals concerning the correct approach to the appointment of Personal Welfare Deputies and whether the current law is confusing.
Application by the P against a decision that he lacked capacity to litigate on his own behalf in proceedings brought by Dorset County Council. Appeal dismissed.
Can, or should, the court appoint as deputy the holder of a specified office or position (as distinct from a named individual holding such office at the time of the appointment)? Yes, as long as certain conditions are met. An application was made by the current holder of the post for the appointment of “The Head of Business Development & Client Finance” of Focus Independent Adult Social Work C.I.C. as property and affairs deputy for the P. The court had to decide whether the current holder of such a post, as opposed to a named individual, could be appointed as deputy, and, if they could, whether there should be any specific requirements in the order of appointment in respect of notification to the court and/or the OPG of any change to the holder of the office of Head of Business Development and Client Finance at the Applicant company.
The court held that such an appointment could be made on condition that the deputyship order shall specifically include requirements that the holder of the post of Head of Business Development & Client Finance at the date of the appointment notifies the Public Guardian forthwith if:
Read the full text of the judgment on Bailii |
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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