Court: Court of Protection

Re WP [2015] EWCOP 84

April 2016 #158

The applicants (the attorneys) were joint attorneys of their parents WP (who had died in 2015) and EP (the parents) under enduring powers of attorney (EPAs). There was a further sibling, S, who was not an attorney. The EPAs were registered in October 2009. The parents had joint income in 2014/15 of £29,077 and expenditure of £21,256. This expenditure included unauthorised payments of £150 per month to each one of their children. Their sister S instigated an investigation by the Office of the Public Guardian, and the Public Guardian requested that the attorneys seek retrospective approval...

Re H [2015] EWCOP 52

April 2016 #158

H, who was stillborn, was diagnosed as autistic and had poor cognitive functioning and adaptive skills, almost unintelligible speech and limited communicative ability. An only child, now aged 26 years, she lived with her parents, F and M. On 6 August 2014 they applied to be appointed jointly and severally as H’s deputies for property and affairs and personal welfare. At the same time, they applied for the appointment of three successive deputies – A, B and C, all of whom were younger, female (two of them maternal aunts) and well known to H. On 6 January 2015 an order was made, on t...

Ross v A [2015] EWCOP 46

April 2016 #158

A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...

Re SF [2015] EWCOP 68

March 2016 #157

Sheila was born on 8 April 1928. She and her husband retired to Powys in the late 1980s. Ronald died in 1998. Sheila’s health began to deteriorate. For many years she resided in a care home, but moved to a nursing home in Herefordshire in 2013 due to her increased care needs. She had one son, Martin, who was retired.

In 2004, Sheila signed an EPA appointing Martin to be her sole attorney. On 9 July 2009, Martin applied to the Office of the Public Guardian (OPG) to register the EPA, having given notice of his intention to do so to Sheila and her four brothers. There were no o...

Re H [2015] EWCOP 52

December 2015 #155

This was an application to appoint successive deputies for a young woman aged 26, ‘H’. Section 19(5) Mental Capacity Act authorises the appointment of successive deputies.

H was an only child and lived with her parents F and M, both of whom were in their 50s. H was diagnosed autistic when she was five, and her cognitive function and adaptive skills were in the extremely low range. She had very limited communication skills.

In August 2014, her parents applied to be joint and several deputies for property and affairs and personal welfare. They also applie...

Re Paw [2015] EWCOP 57

December 2015 #155

This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.

The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...