PP, Re

PP, Re

Both BB and CD's appointments as attorneys under the Lasting Power of Attorney for Property and Affairs are revoked due to BB's contravention of authority and failure to act in PP's best interests, and CD's inadequate oversight and failure to safeguard PP's interests. A professional deputy from the Public Guardian's panel is to be appointed. The LPA for Health and Welfare is not revoked as no contravention of authority or best interests was found.

Parties
Applicant: BB; Applicant: CD; Respondent: PP; Respondent: The Public Guardian
Jurisdiction
England and Wales
Judgment Date
13 September 2016
Procedural Posture
Property and Affairs Application / Final Judgment
Outcome
Revocation of LPA for Property and Affairs; appointment of professional deputy; LPA for Health and Welfare not revoked; costs orders made.
Legal Topics
Revocation of Lasting Power of Attorney, Best Interests, Fiduciary Duty, Inheritance Tax Planning, Costs in Court of Protection
Mental Capacity Estate Management Revocation of Lasting Power of Attorney Best Interests Fiduciary Duty Inheritance Tax Planning Costs in Court of Protection

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Parties

BB

Applicant

CD

Applicant

PP

Respondent

The Public Guardian

Respondent

Procedural Posture

Property and Affairs Application / Final Judgment

Legal Issues

  1. 1 Whether the Lasting Power of Attorney for Property and Affairs should be revoked and cancelled under section 22(3)(b) and 22(4) of the Mental Capacity Act 2005
  2. 2 Whether the Lasting Power of Attorney for Health and Welfare should be revoked and cancelled under section 22(3)(b) and 22(4) of the Mental Capacity Act 2005
  3. 3 What costs orders should be made in relation to the application for ratification of gifts and the revocation application

Ratio Decidendi

Both BB and CD's appointments as attorneys under the Lasting Power of Attorney for Property and Affairs are revoked due to BB's contravention of authority and failure to act in PP's best interests, and CD's inadequate oversight and failure to safeguard PP's interests. A professional deputy from the Public Guardian's panel is to be appointed. The LPA for Health and Welfare is not revoked as no contravention of authority or best interests was found.

Court Disposition

Revocation of LPA for Property and Affairs; appointment of professional deputy; LPA for Health and Welfare not revoked; costs orders made.

Orders

  • Revocation of the Lasting Power of Attorney for Property and Affairs for PP and cancellation of registration by the Public Guardian.
  • Appointment of a deputy from the Public Guardian’s panel for property and affairs for PP.