Suffolk County Council v JU & Anor
2014
COURT OF PROTECTION
United Kingdom
CORAM
- Senior Judge Lush
Areas of Law
- Family Law
- Probate and Succession
- Health Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
In considering Suffolk County Council's application to manage EU's financial affairs against his sons’ objections, the court appointed the Council as deputy. The judgment highlighted EU’s estrangement from his sons and his expressed wishes as decisive factors.
JUDGMENT
Senior Judge Lush:
EU’s sons, JU and TU, have objected to an application by Suffolk County Council to be appointed as his deputy for property and financial affairs.
The family and financial background
EU was born on 3 December 1924 and was formerly a landscape gardener and an antiques restorer.
He used to live in a grade II listed house in Suffolk, which he was forced to leave when it became derelict and uninhabitable.
He was subsequently accommodated in a social housing bungalow, but of his own volition continued to live in squalor.
He managed to get himself banned from the local supermarket for taking goods without paying, and as a result he had to walk a return journey of six miles to a neighbouring village to find a shop that was willing to sell him food.
On 6 August 2012 he was admitted to hospital with smoke inhalation after setting fire to a pan in his kitchen. He discharged himself from the hospital a week later and went missing for twenty-four hours before being found by the police.
Since 16 August 2012 he has resided in a privately owned residential care home.
EU and his wife divorced about forty years ago.
They had three sons:
TU, who was born in 1957, lives in London and is a musician and songwriter;
RU, who was born in 1958, lived in Suffolk, and died in December 2013; and
JU, who lives with his mother in Derbyshire and is her primary carer.
When his marriage broke down, his sons took their mother’s side, which EU resented and he became gradually estranged from them.
EU was formally diagnosed as having dementia when he was hospitalised in August 2012. A more specific diagnosis of vascular dementia was made in February 2013.
His assets consist of:
The derelict freehold property 74,000 Accumulated income from state benefits 13,078 Lloyds TSB private client account 9,092 Norwich and Peterborough Gold Account 6,030 £102,200
He also has two vehicles and various items of furniture, which are currently in storage.
EU’s liabilities are:
Contribution to care fees 31,133 Utility debts 6,700 Storage fees 500 £38,833
His weekly income consists of:
Attendance Allowance 81.30 Pension Guaranteed Credit 91.55 State Retirement Pension 56.80 £229.65
His principal outgoings are care fees of £517 a week.
In April 2013 the Department for Work and Pensions appointed Suffolk County Council to be his appointee, enabling the Council to claim, receive and deal with his social security benefits.
On 5 February 2014 Suffolk County Counci