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 …
Continue reading "Court of Protection: When relationships break down"
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Louise Mathias-Williams explores a case where a windfall jeopardised the beneficiary’s living arrangements The judge was persuaded that it was in LMS’s best interests to authorise the proposed deed in order better to effect the testator’s intention to financially benefit her. Becoming entitled to an inheritance is, for most, a fortunate place to occupy, albeit …
Continue reading "Court of Protection: Skewed benefit"
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Justin Holmes reports on a case concerning the making of a deathbed statutory settlement to avoid the intestacy rules ‘CF had never been able to express any wishes, feelings, beliefs or values about what should happen to his estate after his death, and the judge had to do his best to put himself into CF’s …
Continue reading "Court of Protection: Standing in the donor’s shoes"
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Wills & Trusts Law Reports | Winter 2018 #170DMM suffered from Alzeimer’s Disease. He wanted to marry his long term partner SD. EJ, one of DMM’s three daughters, brought an application for a declaration as to whether DMM had capacity to marry.
Held:
- 1) The fact that a new marriage revokes a will was information a person should be able to understand, retain use and weight to have capacity to marry.
- 2) Expert evidence had been produced concluding that DMM Had capacity to marry because he did understand his will would be revoked and the financial position of his three daughters would be af...
Wills & Trusts Law Reports | Winter 2018 #170This judgment concerned proceedings brought by the Public Guardian seeking (1) discharge of all appointments of Matrix Deputies Ltd (Matrix) and its employees DW and OM as property and affairs deputy; (2) the refusal of any pending applications; and (3) the appointment of either the local authority or a panel deputy instead.
There was ultimately no contested hearing in this matter. The appointments of OM and DW were discharged and they were discharged from proceedings with their consent. Matrix continued to contest the applications until a matter of days before the final hearing, ...
Wills & Trusts Law Reports | Autumn 2017 #169The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19.
Held:
- 1) As to MC, the donor at s7 of the LPA had instructed that ‘Any financial decisions up to the value of £150.00 c...
Martin Terrell and Louise Mathias-Williams set out the lessons from the Public Guardian’s recent decision over severance applications ‘The element which unites the cases is the consistency of District Judge Eldergill’s approach in endeavouring to ensure that a donor’s intention as to how their affairs may be managed in the future is respected and upheld …
Continue reading "Court Of Protection: Aiming to enable"
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Hannah Gearey outlines the points considered when there is a conflict between the authority of the deputy and trustees in the case of a personal injury trust ‘The issue that arose in this case was whether the capital element of the award should be dealt with by the court-appointed deputy or the trustees of the …
Continue reading "Court Of Protection: Who is responsible?"
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Wills & Trusts Law Reports | January/February 2017 #166This was an application to the Court of Protection concerning whether substantial damages awarded to ABC in a personal injury claim should be paid to and administered by ABC’s property and affairs deputy or should be held on revocable trust.
In prior litigation it had been common ground that ABC lacked litigation capacity but his capacity or the extent of his capacity to manage his financial affairs with appropriate support had been in dispute. This dispute was not decided due to the matter being settled. Subsequently a deputy was appointed by the Court of Protection upon th...
Howard Smith summarises the position on the bestowing of gifts and other benefits when a person lacks capacity ‘In each case the deputy or the attorney must decide whether the size of any proposed gift is reasonable given the occasion on which the gift is made and the size of the estate.’ In cases where …
Continue reading "Court Of Protection: Best interests"
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