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Family Law

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Court of Protection Practice and Procedure Conference 2016

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19 OCT 2012

DEPUTYSHIP:Re HA [2012] EWHC 1068 (COP), [2012] COPLR 534

(Court of Protection, Charles J, 28 February 2012)

The woman's physical and mental state were deteriorating and she was currently living in a residential care home but was expressing a wish to return to her home. A recent report determined that she no longer had capacity to make decisions as to: where she should live, in relation to medical care, her property and affairs and to litigate. The woman's daughter applied to be her deputy in relation to her health and welfare and property and affairs.

Making an interim declaration that the woman lacked capacity in the above specified areas. In order to minimise delay it was appropriate to make the local authority the woman's interim deputy in relation to property and affairs so that a proper investigation could take place.

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