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.