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State of play: case summaries

Karen Bayley and Jennifer Ridgway review case law on the court's power to order the sale of a property, a Barder event and the restrictions placed on donors when constructing an LPA

21 September 2015

This is a rare case, decided on its own particular facts, where successive appointments of deputies were made.

H was aged 26 at the time of the hearing. As a result of trauma at birth, she was diagnosed with autism. Her cognitive functioning and adaptive skills were said to be 'in the extremely low range' and her speech and communication skills were very limited. H was an only child and lived with both her father and her mother.

H's parents applied to be appointed jointly and severally as her deputies for Property and Financial Affairs and for Health and Personal Welfare. They also applied for the appointment of three successive deputies; H's twin maternal aunts and a carer, all of whom knew H very well.

Senior Judge (SJ) Lush outlined the legislation covering the position, starting with section 16 of the Mental Capacity Act 2005 (M...

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