KC, Re

Due to entrenched conflict among KC's daughters and evidence that they would not be able to act together in KC's best interests, registration of the LPAs would not be in KC's best interests. The court therefore refused registration and ordered appointment of an independent panel deputy for KC's property and affairs.

Parties: Applicant: LCR; First Respondent: SC; Second Respondent: AEC; Third Respondent: CP; Fourth Respondent: KC
Jurisdiction: England and Wales
Judgment Date: 29 September 2020
Procedural Posture: Court of Protection Application / Judgment
Outcome: Application to register LPAs refused.
Legal Topics: Lasting Power of Attorney, Best Interests, Appointment of Deputies

Mental Capacity Court of Protection Lasting Power of Attorney Best Interests Appointment of Deputies

Case Brief

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Parties

LCR

Applicant

First Respondent

AEC

Second Respondent

Third Respondent

Fourth Respondent

Procedural Posture

Court of Protection Application / Judgment

Legal Issues

1 Whether LPAs executed by KC should be registered
2 Whether registration is in KC's best interests given family conflict

Ratio Decidendi

Court Disposition

Application to register LPAs refused.

Orders

Neither LPA instrument to be registered.
Panel deputy to be appointed to manage KC's property and affairs.