L v NG (2015)

Keywords: Deputyship

The court rejected an application for deputyship from family members stating that, even if NG lacked capacity to manage his property and affairs, it was not in his best interests to appoint a deputy. NG, although found to lack capacity to manage his affairs, strongly objected to the appointment of a deputy. The court determined that the purpose of the application could be less restrictively served by entering a restriction in the land registry requiring the court to authorise any sale of NG’s home.

The ruling points to the principle in s.16(4) MCA that a decision by the court is to be preferred to the appointment of a deputy to make a decision and stresses that “The fact that a person generally lacks capacity to manage their property and affairs does not automatically mean that it is in their best interests to appoint a deputy to manage their property and affairs.”.

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