Mental Capacity Case

SBC v PBA & Others

Roderic Wood J.
[2011] EWHC 2580 (Fam)

Summary: Finally, a reason - if you needed one - to purchase the COPLR Consolidated Volume is that that is the only place in which you can find the relevant extracts from the judgment of Roderic Wood J in this case (decided last year) as to the test to apply when the Court is considering whether to appoint a deputy (whether property and affairs or health and welfare). The judgment was only approved for reporting on a partial basis, containing as it did significant amounts of discussion and consideration of matters relating to the specific circumstances of PBA which did not need to be the subject of wider reporting.

However, in material part (paragraph 67), Roderic Wood J confirmed that the 'unvarnished' words of s.16 MCA 2005 set down the test for appointment of a deputy, and that the Code of Practice (with its reference to 'most difficult' health and welfare cases) did not compel the Court to be satisfied that the circumstances were difficult or unusual before a deputy could be appointed.