RG, Re [2015] EWCOP 66 (13 October 2015)

RG, Re [2015] EWCOP 66 (13 October 2015)

Julian is unsuitable to act as attorney due to inertia, neglect of Rosemary's care and financial needs, failure to act proactively, and delegation of responsibilities. The family hostility and need for independent management further justify revocation of the EPA and appointment of a professional deputy.

Citation
[2015] EWCOP 66
Parties
Applicant: Northamptonshire County Council; First Respondent: RG (Rosemary); Second Respondent: JJG (Julian); Third Respondent: LE (Lisa); Fourth Respondent: GG (Gary); Fifth Respondent: JG (Keith's widow)
Jurisdiction
England and Wales
Judgment Date
13 October 2015
Procedural Posture
Court of Protection Application / Judgment on Application to Revoke Enduring Power of Attorney and Appoint Deputy
Outcome
EPA revoked; professional deputy appointed
Legal Topics
Revocation of Enduring Power of Attorney, Appointment of Deputy, Best Interests, Attorney Unsuitability, Family Disputes
Mental Capacity Law Elder Law Revocation of Enduring Power of Attorney Appointment of Deputy Best Interests Attorney Unsuitability Family Disputes

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Parties

Northamptonshire County Council

Applicant

RG (Rosemary)

First Respondent

JJG (Julian)

Second Respondent

LE (Lisa)

Third Respondent

GG (Gary)

Fourth Respondent

JG (Keith's widow)

Fifth Respondent

Procedural Posture

Court of Protection Application / Judgment on Application to Revoke Enduring Power of Attorney and Appoint Deputy

Legal Issues

  1. 1 Whether the attorney (Julian) is unsuitable to act under the Enduring Power of Attorney for Rosemary
  2. 2 Whether the EPA should be revoked and a deputy appointed

Ratio Decidendi

Julian is unsuitable to act as attorney due to inertia, neglect of Rosemary's care and financial needs, failure to act proactively, and delegation of responsibilities. The family hostility and need for independent management further justify revocation of the EPA and appointment of a professional deputy.

Court Disposition

EPA revoked; professional deputy appointed

Orders

  • EPA revoked and registration cancelled
  • Barry Rogers of Tollers Solicitors appointed as deputy for property and affairs of Rosemary