KC, Re [2020] EWCOP 62 (29 September 2020)

KC, Re [2020] EWCOP 62 (29 September 2020)

The court found that, due to entrenched and ongoing conflict between KC's daughters, the proposed attorneys would not be able to act in KC's best interests by working together. Registration of the LPAs would likely exclude LCR from decision-making or result in ongoing disputes, contrary to KC's wishes and best interests. Therefore, neither LPA instrument should be registered.

Citation
[2020] EWCOP 62
Parties
Applicant: LCR; First Respondent: SC; Second Respondent: AEC; Third Respondent: CP; Fourth Respondent: KC (by her litigation friend, the Official Solicitor)
Jurisdiction
England and Wales
Judgment Date
29 September 2020
Procedural Posture
Court of Protection Objection to Registration of Lasting Powers of Attorney / Judgment After Contested Hearing
Outcome
Application to register the LPAs refused; order for appointment of a panel deputy for property and affairs.
Legal Topics
Lasting Power of Attorney, Capacity, Best Interests, Appointment of Deputies, Family Dispute
Mental Capacity Court of Protection Lasting Power of Attorney Capacity Best Interests Appointment of Deputies Family Dispute

Case Brief

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Parties

LCR

Applicant

SC

First Respondent

AEC

Second Respondent

CP

Third Respondent

KC (by her litigation friend, the Official Solicitor)

Fourth Respondent

Procedural Posture

Court of Protection Objection to Registration of Lasting Powers of Attorney / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the LPAs executed by KC should be registered given the family conflict and best interests considerations
  2. 2 Whether the donees would act in KC's best interests if appointed

Ratio Decidendi

The court found that, due to entrenched and ongoing conflict between KC's daughters, the proposed attorneys would not be able to act in KC's best interests by working together. Registration of the LPAs would likely exclude LCR from decision-making or result in ongoing disputes, contrary to KC's wishes and best interests. Therefore, neither LPA instrument should be registered.

Court Disposition

Application to register the LPAs refused; order for appointment of a panel deputy for property and affairs.

Orders

  • Neither LPA instrument to be registered pursuant to section 22(4) MCA 2005.
  • A panel deputy to be appointed to manage KC’s property and affairs.