Brother-in-law removed as a Deputy after failing to notify relatives

Nick Palmer

In a Court of Protection hearing, a lady’s affairs were managed by her husband under the Court of Protection until he had a stroke and could no longer manage these for her.

He had appointed his brother (‘A’) as his own attorney and A then applied to the Court of Protection for a discretionary Order to take over responsibility for his sister-in-law’s affairs. However, A did not tell the Court that his sister-in-law had two sons from a previous relationship. Once the sons learned about the application, they objected to A’s appointment and requested that solicitors be appointed instead. The Court of Protection rejected A’s application and appointed the solicitors.

When applying to the Court, it is essential to follow the correct procedures and provide full disclosure of all relevant information.

Nick Palmer is a lawyer at Barker Gotelee, Solicitors in Ipswich.

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