Pump Court Chambers

Court of Protection rules nobody has automatic right to be appointed as a deputy

News 19th March 2015

The Court of Protection has recently handed down Judgment in the case of DB v DW [2015] EWCOP16, which involved two competing applications for deputyship of property and affairs for a person who lacks capacity (‘P’). One application was by the applicant, a close friend of P. The other, competing, application was by the respondent, P’s closest surviving relative. In giving Judgment, Senior Judge Lush reiterated that nobody (whether a family member or a trusted friend) has an automatic right to be appointed as a deputy. The court has complete discretion as to whom it appoints, but it must exercise its discretion judicially and in P’s best interests.The Court, having considered all the circumstances of the case, appointed the applicant as deputy for P.

Jennifer Lee of Pump Court Chambers was instructed to represent the successful applicant.

To view the judgment in full please click here.

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