This case concerned how a Property and Affairs Deputy should approach the issue of whether to inform P of the value of their Civil Litigation settlement in the case in which knowledge of the same may make them vulnerable.

The applicant, PSG Trust Corporation Limited, acts as the Deputy for both CK and NJ and highlighted the predicament which deputies regularly face as there is little guidance regarding informing P of the value of their settlement.  After reviewing what relevant case law there is, Hayden J set out some of the factors to be weighed in making the decision:

‘The ‘matter’ or decision is whether P wishes to request the value of her funds, and the factors relevant to her capacity to make that decision are likely to include her understanding of:

i. The nature of the information in question;
ii. The risks of obtaining it;
iii. The risks of not obtaining it;
iv. The benefits of obtaining it;
v. The benefits of not obtaining it.’

Hayden J then applied the principles to the cases before him. CK was involved in a traffic accident and as a result of her injuries has vulnerabilities. Hayden J concludes CK lacks capacity to take the decision herself but has clearly expressed her wishes that she should know the amount of the settlement, so that she can make a Will amongst other things, and therefore declares that it is in CK’s best interests to be told. NJ has been diagnosed with Cerebral Palsy and other conditions, and there was a history of financial abuse, making NJ vulnerable to exploitation. Accordingly, Hayden J finds NJ lacks capacity and that it would not be in her best interest to be told of the amount of the award.   

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