Q&As

Would an applicant who is a debtor under an IVA be prevented from being appointed as a deputy for property and financial affairs?

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Published on LexisPSL on 04/05/2016

The following Private Client Q&A provides comprehensive and up to date legal information covering:

  • Would an applicant who is a debtor under an IVA be prevented from being appointed as a deputy for property and financial affairs?
  • Assessing the suitability of a proposed deputy

Assessing the suitability of a proposed deputy

There is no formal guidance in the Mental Capacity Act 2005 (MCA 2005) as to who should and should not be appointed as deputy. However, MCA 2005, s 16(3) requires that, when the Court of Protection exercises its power to appoint a deputy for P, it takes into account P’s best interests. In this context, this will require the court to satisfy itself that the proposed deputy has the ri

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