SH, Re [2018] EWCOP 21 (17 September 2018)

The current holder of the post made an application for the appointment of “The Head of Business Development & Client Finance” of Focus Independent Adult Social Work C.I.C. as property and affairs deputy for SH.

HHJ Hilder had to consider whether the court could or should, appoint as deputy the holder of a specified office or position (as distinct from a named individual holding such office at the time of the appointment); if such appointment was made, the effect of any change to the holder of the office on the deputyship appointment; and if the court was minded to appoint the Applicant as property and affairs deputy for SH, whether there should be any specific requirements in the order of appointment in respect of notification to the Court and/or the Office of the Public Guardian of any change to the holder of the office of Head of Business Development and Client Finance at the Applicant company.

HHJ Hilder was satisfied that such an appointment could be made on condition that the Deputyship Order shall specifically include requirements that the holder of the post of Head of Business Development & Client Finance at the date of the appointment notifies the Public Guardian forthwith if:

  • she ceased to hold that post; and/or
  • there was any change to the competence of Focus Independent Adult Social Work C.I.C. to carry out the functions of deputyship, by variation of its Articles of Association or otherwise.

The full judgment can be read here

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