BN, Re [2015] EWCOP 11 (02 March 2015)

BN, Re [2015] EWCOP 11 (02 March 2015)

BN has capacity to revoke the LPAs and does not wish to do so; there is no evidence of misconduct by the attorneys; therefore, the court has no jurisdiction to revoke the LPAs and the application is dismissed.

Citation
[2015] EWCOP 11
Parties
Applicant: CN; First Respondent: BN; Second Respondent: SH; Third Respondent: GN
Jurisdiction
England and Wales
Judgment Date
02 March 2015
Procedural Posture
Court of Protection Application Under Rule 89 for Reconsideration of Order / Reconsideration of Order After Attended Hearing
Outcome
Application dismissed; costs awarded against applicant.
Legal Topics
Lasting Power of Attorney, Revocation of LPA, Capacity to Revoke LPA, Costs in Court of Protection, Jurisdiction Under Mental Capacity Act 2005
Mental Capacity Court of Protection Lasting Power of Attorney Revocation of LPA Capacity to Revoke LPA Costs in Court of Protection Jurisdiction Under Mental Capacity Act 2005

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

CN

Applicant

BN

First Respondent

SH

Second Respondent

GN

Third Respondent

Procedural Posture

Court of Protection Application Under Rule 89 for Reconsideration of Order / Reconsideration of Order After Attended Hearing

Legal Issues

  1. 1 Whether the court has jurisdiction to revoke the LPAs given BN's capacity
  2. 2 Whether the attorneys behaved in a way that contravenes their authority or is not in BN's best interests
  3. 3 Whether costs should be paid by the applicant or by BN

Ratio Decidendi

BN has capacity to revoke the LPAs and does not wish to do so; there is no evidence of misconduct by the attorneys; therefore, the court has no jurisdiction to revoke the LPAs and the application is dismissed.

Court Disposition

Application dismissed; costs awarded against applicant.

Orders

  • Application for revocation of LPAs dismissed.
  • Applicant (CN) to pay respondents' costs assessed on the standard basis for both the paper and attended hearings.