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Family Law

The leading authority on all aspects of family law

02 NOV 2012

DEPUTYSHIP/MANAGEMENT OF PROPERTY AND AFFAIRS: Re Clark (No 2) [2012] EWHC 2714 (COP)

(Court of Protection, Peter Jackson J, 9 October 2012)

The 72-year-old woman suffered severe injuries including brain injuries in a road traffic accident 17 years ago. Now all that remained of her £750,000 compensation fund was a property worth approximately £200-250,000 and available capital of £5,000. Otherwise she received benefits of £9,700 pa. The main issue was whether the property should be sold to fund her care given that she lacked capacity to make such a decision.

Since the previous hearing which decided that the woman had capacity to make a will, one had been produced by her son which provided that her property should not be disposed of during her lifetime and that it should pass to her son upon her death. The deputy and the woman's other two children agreed that the property should be sold to fund her care which they asserted should be the priority.

The court decided that it was not currently in the woman's best interests for the property to be sold while there were opportunities to make up the income shortfall. Losing her home could only be justifiable from the woman's point of view if her daily needs were not being met. The court ordered that the property should not be sold or charged during the woman's lifetime without further order of the court.

The deputy would be discharged as the position was now redundant.

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