BR v NAR & Ors

BR v NAR & Ors

The applicant's Power of Attorney for Property and Affairs was revoked and a professional deputy appointed due to failure to comply with code of practice, lack of transparency, and family discord. Retrospective approval for unauthorised withdrawals and car purchase was refused, but sums withdrawn were treated as payment on account for gratuitous care. Building works were not authorised as not in P's best interests. Contact issues became superfluous as P moved into a care home.

Parties
Applicant: B R; Respondent: N A R; Respondent: A J; Respondent: A M D; Respondent: D F D; Respondent: H M F; Respondent: C W D; Respondent: M R D; Respondent: The Office of the Public Guardian
Jurisdiction
England and Wales
Judgment Date
05 December 2022
Procedural Posture
Court of Protection / Final Judgment
Outcome
Power of Attorney for Property and Affairs revoked; professional deputy to be appointed; Health and Welfare Power of Attorney not disturbed; unauthorised withdrawals not retrospectively approved but treated as payment on account; building works not authorised; contact issue rendered superfluous.
Legal Topics
Lasting Power of Attorney, Deputyship, Best Interests, Gratuitous Care, Property and Affairs, Health and Welfare, Family Dispute
Mental Capacity Family Law Elder Law Lasting Power of Attorney Deputyship Best Interests Gratuitous Care Property and Affairs +2 more

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Parties

B R

Applicant

N A R

Respondent

A J

Respondent

A M D

Respondent

D F D

Respondent

H M F

Respondent

C W D

Respondent

M R D

Respondent

The Office of the Public Guardian

Respondent

Procedural Posture

Court of Protection / Final Judgment

Legal Issues

  1. 1 Revocation of Power of Attorney for Property and Affairs
  2. 2 Appointment of Professional Deputy
  3. 3 Retrospective authorisation of withdrawals

Ratio Decidendi

The applicant's Power of Attorney for Property and Affairs was revoked and a professional deputy appointed due to failure to comply with code of practice, lack of transparency, and family discord. Retrospective approval for unauthorised withdrawals and car purchase was refused, but sums withdrawn were treated as payment on account for gratuitous care. Building works were not authorised as not in P's best interests. Contact issues became superfluous as P moved into a care home.

Court Disposition

Power of Attorney for Property and Affairs revoked; professional deputy to be appointed; Health and Welfare Power of Attorney not disturbed; unauthorised withdrawals not retrospectively approved but treated as payment on account; building works not authorised; contact issue rendered superfluous.

Orders

  • Professional deputy to be appointed to manage P's affairs.
  • Applicant to provide relevant information and documentation to deputy.