The Court of Protection in the case of Re MLJ [2015]

EWCOP63 considered that a relative is usually best placed to know about the

finances of the person lacking capacity ('P').But it gave examples of when a family deputy would not be appointed asfollows :(a)where the proposed deputy hasphysically, emotionally or financially abused P;(b) where there is a need to

investigate dealings with P's assets prior to the matter being brought to the

court's attention, and the proposed deputy's conduct is the subject of that

investigation;(c) there is an actual conflictof interests, rather than simply a potential conflict;(d) the proposed deputy has anunsatisfactory track record in managing his or her own financial affairs;(e) there is ongoing friction

between various family members, which is likely to interfere with the proper

administration of P's affairs; and(f) there is a need to ensure

that P is free from undue influence, particularly the influence exerted by the

person who is seeking to be appointed as deputy.

In this case P’s daughter had applied to the Court to bejoined as a deputy with P’s son.Howevershe had an unsatisfactory track record of managing her own affairs to include a conviction for

shoplifting, a caution for common assault and the failure of a business she had

set up. She had also been banned fromP’s care home.