Judge: Senior Judge Lush
Citation:  EWCOP 57
Summary and Comment
Husband (ARW) and wife (PAW) both had Alzheimer’s dementia. He applied with other family members to become her deputy for property and financial affairs. One of their sons objected.
The Senior Judge reiterated the court’s general preference to appoint a relative or friend as deputy rather than a stranger if it was in P’s best interests. Such a starting point accorded with Article 8 and had practical reasons:
“25. A relative will usually be familiar with P’s affairs, and aware of their wishes and feelings. Someone with a close personal knowledge of P is also likely to be in a better position to meet the obligation of a deputy to consult with P, and to permit and encourage them to participate, or to improve their ability to participate, as fully as possible in any act or decision affecting them.”
The court went on to outline some examples of when a family member would not be appointed:
On the facts, the husband was not appointed because of his health issues and he would probably prefer to be relieved of the worry. Instead, the sister and brother of her first cousins (who were originally proposed with ARW) would instead be appointed jointly.