Court of Protection – Deciding who to appoint to manage financial affairs

The Court of Protection recently decided who should be appointed to manage the financial affairs of an incapacitated man. He had three sons, two of whom had applied to the Court for this authority; the middle son objected.

In cases of dispute the Court will often consider appointing all the parties. However, if this proves impractical – as will often be the case – the Court may well appoint an independent Deputy if the hostility in the family will interfere with the day-to-day administration of the person’s affairs.

On the other hand, if the hostility will not interfere with the administration, the Court will consider many factors. In this case, there were two factors which swayed the balance in favour of the two sons, who (1) were geographically closer to their father and (2) had proved better able to interact with others.

This is one of many more Court of Protection decisions being published following new rules introduced this year.

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