Re Twah [2019] WTLR 1405
Winter 2019 #177Allied Services Trust (A), a registered charity and authorised trust corporation, applied to be appointed as deputy for property and affairs of an incapacitated adult, TWAH. A filed evidence of its authority to act as a trust corporation, and articles, details of the regulation from the Charity Commission, and its insurance policy. The court considered the application and gave guidance on the appointment of trust corporations linked to a charity.
Held, allowing the application and appointing A as TWAH ‘s deputy:
1) Applying the guidance in Various Incapacit...
In the matter of Various Lasting Powers of Attorney [2019] WTLR 1443
Winter 2019 #177In 15 separate applications under s23(1) Mental Capacity Act 2005 (MCA), the Public Guardian (PG) asked the court to determine the effect of language used in lasting powers of attorney which he was asked to register. Some were withdrawn, leaving 11. The common theme was that each instrument expressed an intention that the attorney use the donor ‘s assets to benefit someone other than the donor.
PS: Under the heading ‘Preferences ‘, the donor entered the words ‘The needs of [LS] before anyone else ‘. Under the heading ‘Instructions ‘, she entered the words ...
PBM v TGT & anr [2019] WTLR 995
Autumn 2019 #176PBM sought to marry his fiancée and take charge of his property and affairs. TGT, his property and affairs deputy, obtained a caveat against the marriage under the Marriage Act 1949 and sought directions from the Court. It was eventually agreed that PBM had capacity to marry, to make a will and to enter into a prenuptial agreement but that he lacked capacity to manage his property and affairs. However, it was not agreed whether PBM should be told of the extent of his assets, or whether he had capacity to decide that question.
An expert psychiatrist gave evidence that PBM ...
LCN v KF & ors [2019] WTLR 633
Summer 2019 #175CJF was a thirteen year old boy who suffered very serious neurological damage at birth. He was initially cared for by his mother, KJF, but she had also suffered complications as a result of CJF’s birth, so he ended up being cared for by a foster parent, LR under a Special Guardianship order. LR passed away in 2013, and the Special Guardianship order was transferred to LR’s daughter, EH, and her husband, AH. CJF’s father, BJF, had denied his paternity, was not named on his birth certificate, and had played no role in CJF’s life.
Before she died, LR brought a claim against the NHS T...
The Public Guardian v DA & ors [2019] WTLR 313
Spring 2019 #174The Public Guardian filed a number of applications under s23 and schedule 1, para 11 of the Mental Capacity Act 2005 (the 2005 Act) in two test cases seeking the court’s guidance as to whether or not it was appropriate to register, with or without amendments, instruments purporting to create a lasting power of attorney (LPA).
In the first series of cases the applications concerned provisions in LPAs for personal welfare which contemplated euthanasia or assisted suicide by the attorneys. In some cases, the provisions were expressed in mandatory terms which appeare...
PCB v JMA & ors [2018] WTLR 961
Autumn 2018 #173
JMA, who was aged 72 years, suffered from early onset dementia and lived in a care home which she paid for privately. She no longer had the capacity to take decisions about making gifts and the medical evidence suggested that she would only live for a further 3 to 5 years. The applicant was a son by her first marriage; her daughter having died in January 2009. JMA inherited from her last husband, who died in January 2010, his entire estate which was derived from the sale of businesses which had realised approximately £11m. The applicant was appointed sole attorney under a L...
TH v JH [2018] WTLR 693
Summer 2018 #172The applicant, TH, the donee of an enduring power of attorney for the property and affairs of his father, HH, applied for retrospective approval of payments and gifts made between 2011 and 2017 in the sums of £88,366 in favour of the applicant and his family, and £15,196 in favour of his brother JH, the first respondent, and his family. JH opposed approval of all sums save for £30,000.
HH lacked capacity and was unable to participate in any meaningful way in decisions about his welfare or property or affairs. He required constant care from August 2010. TH provided sporadic ...
Re DMM [2018] WTLR 1263
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...
The Public Guardian v Matrix Deputies Ltd & anr [2018] WTLR 1387
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, ...