The court had to consider the question of whether the property and affairs deputy was an ‘authorised person’ in respect of the P within the meaning of s32 of the Care Act 2014. The court concluded he was not.
Application for the committal of one of the P's sons because of his breach of seven court orders. No custodial sentence or fine was imposed.
Application by the mother of the P to have the P's inheritance put into trust. The application was successful.
There was a dispute as to whether the conclusions of a second independent expert psychiatrist should be accepted, and final declarations made in accordance with those conclusions.
Competing applications for the appointment of a deputy to manage the property and affairs of the P. The application was granted to Ms Harrison.
Application for costs where the Public Guardian had sought orders to replace the applicant as attorney and the original suspension of the LPA had been overturned. An order for 50% of costs was made.
These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.
Application by the P's Deputy for Property and Affairs for a declaration that the P did not have capacity to marry. The application was dismissed.
Even if an incapacitious person regains capacity during the relevant period, he cannot, as a matter of law, enter into a binding agreement to dispose of or deal with property.
The court had to determine i) whether the P had the capacity to marry, to make a will and to enter into a prenuptial agreement; and 2) whether he should be told about the amount of his estate. The court ruled that all applications should succeed.
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute.
Sign up for our free email alert
We do not share your details with any third parties and you can unsubscribe at any time
More from Bath Publishing