BN, Re

BN, Re

BN does not lack capacity to revoke the LPAs and has no wish to revoke them; CN failed to produce any evidence of misconduct by the attorneys; therefore, the court has no jurisdiction to revoke the LPAs and the application is dismissed.

Parties
Applicant: CN; Respondent: BN; Respondent: SH; Respondent: GN
Jurisdiction
England and Wales
Judgment Date
02 March 2015
Procedural Posture
Application Under Rule 89 of the Court of Protection Rules 2007 / Reconsideration of Order After Attended Hearing
Outcome
application dismissed
Legal Topics
Lasting Power of Attorney, Revocation of Attorney, Costs in Property and Affairs Proceedings
Mental Capacity Court of Protection Lasting Power of Attorney Revocation of Attorney Costs in Property and Affairs Proceedings

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Parties

CN

Applicant

BN

Respondent

SH

Respondent

GN

Respondent

Procedural Posture

Application Under Rule 89 of the Court of Protection Rules 2007 / Reconsideration of Order After Attended Hearing

Legal Issues

  1. 1 whether the court has jurisdiction to revoke the LPAs
  2. 2 whether the attorneys are unsuitable
  3. 3 whether BN lacks capacity to revoke the LPAs

Ratio Decidendi

BN does not lack capacity to revoke the LPAs and has no wish to revoke them; CN failed to produce any 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

Orders

  • respondents’ costs to be assessed on the standard basis and paid by CN
  • same order for costs of the attended hearing on 24 February 2015