VX v KX & Ors [2024] EWCOP 78 (T2) (22 July 2024)

VX v KX & Ors [2024] EWCOP 78 (T2) (22 July 2024)

The complete breakdown in the relationship between the attorneys prevents proper consultation and best interests decision-making as required by the Mental Capacity Act 2005. VX is unable to comply with her duties as attorney, and BM and MS have failed to engage. The statutory test for revocation under s.22(3)-(4) is met.

Citation
[2024] EWCOP 78
Parties
Subject: SX; Attorney/respondent: VX; Attorney/respondent: KX; Attorney/respondent: AX; Attorney/respondent: BM; Attorney/respondent: MS; Child/observer: FN; Intervener: Local Authority; Intervener: Public Guardian; Litigation Friend for SX: Official Solicitor
Jurisdiction
England and Wales
Judgment Date
22 July 2024
Procedural Posture
Court of Protection / Directions Hearing and Summary Determination
Outcome
Revocation of lasting powers of attorney for health and welfare in favour of VX, BM, and MS; property and affairs powers retained temporarily for AX and KX.
Legal Topics
Revocation of Lasting Power of Attorney, Best Interests, Breakdown of Attorney Relationships, Section 4 Mental Capacity Act 2005, Section 22 Mental Capacity Act 2005
Mental Capacity Elder Law Revocation of Lasting Power of Attorney Best Interests Breakdown of Attorney Relationships Section 4 Mental Capacity Act 2005 Section 22 Mental Capacity Act 2005

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Parties

SX

Subject

VX

Attorney/respondent

KX

Attorney/respondent

AX

Attorney/respondent

BM

Attorney/respondent

MS

Attorney/respondent

FN

Child/observer

Local Authority

Intervener

Public Guardian

Intervener

Official Solicitor

Litigation Friend for SX

Procedural Posture

Court of Protection / Directions Hearing and Summary Determination

Legal Issues

  1. 1 Whether to revoke lasting powers of attorney for health and welfare due to breakdown in relationship and failure to act in best interests
  2. 2 Whether to revoke lasting powers of attorney for property and affairs

Ratio Decidendi

The complete breakdown in the relationship between the attorneys prevents proper consultation and best interests decision-making as required by the Mental Capacity Act 2005. VX is unable to comply with her duties as attorney, and BM and MS have failed to engage. The statutory test for revocation under s.22(3)-(4) is met.

Court Disposition

Revocation of lasting powers of attorney for health and welfare in favour of VX, BM, and MS; property and affairs powers retained temporarily for AX and KX.

Orders

  • Revocation of lasting powers of attorney for health and welfare executed by SX in favour of VX, BM, and MS.
  • AX and KX to disclaim property and affairs powers at first opportunity; failing which, court will revoke them.