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Court of Protection Success for Hannah Lynch

Hannah Lynch represented the adult daughters of a Patient, who had advanced vascular dementia, in a contested ‘property and affairs’ deputyship application before the Court of Protection.

The Patient had granted power of attorney to his wife, the Applicants’ stepmother, in 2006. Sadly the Wife had developed Alzheimers and was not in a position to fulfil that role by early 2013. The Applicants applied to the Court to become deputies for their father, in order that they could spend more of his money on his nursing home care. The Applicants were deeply concerned that Patient’s level of care was inadequate to meet his complex needs, as there had been incidents of inadequate care for the Patient at his nursing home.

The Wife’s biological children objected to the Applicants’ becoming the Patient’s deputies. The basis for their application was that their mother’s interests would not be sufficiently considered by the Applicants and that, in effect, the Applicants would spend too much of the Patient’s money on his care, leaving less for the Wife to inherit than the Patient intended. There were significant concerns that the Objectors had been misappropriating the Patient’s assets and effectively using the Wife’s power of attorney as a vehicle through which to do this.

The Court of Protection dismissed the Objectors’ objections, noting that the Patient’s welfare should be the primary concern, rather than the interests of another party. Deputyship was granted to the Applicants on the terms sought by them.

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