‘It’s my money! Why isn’t my Deputy listening to me?’ is the title of a talk I am giving at Naidex at the NEC in Birmingham next week. Naidex is Europe's largest trade, professional and consumer show dedicated to the care, rehabilitation and lifestyle of people with a disability or impairment and it takes place between 28-30th March.
The Supreme Court’s decision in Ilott v Mitson has been reported in all the papers; you’ve probably read about it.
A daughter, Heather Ilott, long estranged from her mother, and in impecunious circumstances, was left nothing in her mother’s will, which passed the whole estate to three animal charities. Heather made a claim for “reasonable financial provision” from her mother’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. Heather had originally been awarded £50,000 by the Court; the Court of Appeal increased the award substantially; the Supreme Court reinstated the award at first instance.
As a Deputy appointed by the Court of Protection, it is our job to manage the day to day running of the finances, property and affairs of someone who lacks capacity to do so themselves. It is the Deputy’s responsibility to act in the best interests of our client at all times and safeguard his/her assets.