Wills & Trusts Law Reports | Autumn 2024 #196Mrs Justice Theis DBE was concerned with the appeal by CL (the appellant) from the order of HHJ Porter-Bryant dated 6 December 2023 (Swansea Bay University Health Board v P [2023]) which discharged a previous order appointing the appellant as LL’s deputy for personal welfare. The appellant was LL’s mother. The respondents to the appeal were the Swansea Bay University Health Board (the first respondent), LL by his litigation friend AB (the second respondent), LL’s father (the third respondent) and Swansea City Council (the fourth respondent). The fourth respondent took no active ...
Wills & Trusts Law Reports | Spring 2022 #186P had had a series of professional deputies, each seeking to be discharged on the basis of an irretrievable breakdown in relations with P’s family, particularly AR, P’s father.
Earlier proceedings in the Court of Protection (see [2019] EWCOP 15) concluded with an order appointing K as property and affairs deputy for P. By an application dated 13 August 2020, K applied to be discharged as deputy, and for the appointment of another panel deputy instead. That application was refused on paper in October 2020, but K sought reconsideration of his application. On 10 December 2020 the cou...
Kambli indicates that the Court of Protection will explore alternative measures before agreeing to a deputy’s application to be discharged. Alex Cisneros discusses the court’s approach and its effect Discharging a deputy is not a step that would be taken lightly and professional deputies should not expect to step aside merely because they consider it …
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