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Best interests in the Court of Protection

Karen Bayley discusses cases where the court has considered the appointment of deputies, and decision making in clinical negligence deputyship

8 September 2015

Alan v David [2015] EWCOP 23 involved a dispute as to who should act as the patient's (P's) deputy. P's son-in-law, David, who had provided assistance to her for some years, requested that Croydon County Council be appointed deputy. This was supported by two of his children. However, one of his sons, Alan, and his wife, Donna, objected and applied to be appointed as P's personal welfare and property and affairs deputies.

The court held it would not be in P's best interests to appoint Alan and Donna on account of the hostilities that existed between them, the rest of the patient's family, and the care home staff. The court was also suspicious of Donna's motives, due to the inflammatory and hysterical nature of the submitted documents, accompanied by a high frequency of phone calls to the court. The council was appointed as the deputy for property and affairs.

The cour...

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