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Judgment relating to whether a property and affairs deputy for an individual lacking capacity should be discharged and, if so, who should be appointed in their stead.
Application by the sister of the P to be made her personal welfare deputy and also for costs against the LA. Both applications were refused.
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.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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