This case concerns an application by family members of the patient (‘P’) to be appointed deputy for P’s property and affairs in place the existing professional deputy
This case concerns an application by the Public Guardian (‘OPG’) to revoke a Lasting Power of Attorney (‘LPA’).
This case concerns an application by a neighbour (‘YB’) of the patient (‘P’) to be appointed a deputy for P’s property and affairs in place of the existing deputy, London Borough of Islington (‘LBI’).
This case concerns an application by a deputy for the payment of a gratuitous care allowance from the patient’s (‘P’) estate
The court on paper had made a revocation of a lasting power of attorney for property and affairs in respect of one of three attorneys on the basis that the Donor was incapable of revoking the appointment and the attorney had behaved in a way which contravened her authority and was not in the Donor’s best interests.
An application was made for the court to reconsider this decision pursuant to rule 89 of the Court of Protection Rules 2007. Objection to an application for the appointment of a deputy to property and affairs by a family member of P.
The issues raised included:
The local authority, Northamptonshire County Council (‘LA’) made an application to revoke an Enduring Power of Attorney (‘EPA) in relation to the Patient’s (‘P’) property and affairs and to appoint a professional deputy to manage P’s property and affairs.
This case involves an application brought by John, the Patient’s (‘P’) youngest son as to where P should live. The proceedings began in November 2014 and the matter was heard by Mr Justice Peter Jackson over two days on 29th and 30th September 2015.
There was also an issue as to the extent that this case should be reported. Two of the Patient’s daughters, MA and PB applied to the court to be appointed deputies for P’s property and affairs and this application was granted on 4th June 2014 by an authorised court officer.
On 27th January 2015 P’s youngest daughter, DC, applied to the court for appeal of the order so that all P’s children could be appointed for not just property and affairs but to personal welfare as well, naming her other two siblings, TT and ST as applicants as well. The court treated DC’s application as a reconsideration of the order rather than an appeal. This case concerned PH who has severe physical and learning disabilities and is without speech. He lacks capacity to decide for himself where to live. He receives accommodation and support at public expense, initially under the Children Act 1989, and since his majority under the National Assistance Act 1948. The issue was: which authority should be responsible?
This depended, under sections 24(1) and (5) of the 1948 Act, on, where immediately before his placement in Somerset, he was "ordinarily resident". |
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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