RG, Re

RG, Re

Julian is unsuitable to act as attorney due to his failure to provide for Rosemary’s basic care needs, his inertia and lack of urgency in managing her affairs, the delegation of his responsibilities, and the adverse impact of family hostility on the administration of her estate. It is in Rosemary’s best interests for the EPA to be revoked and a professional deputy appointed.

Parties
Applicant: Northamptonshire County Council; First Respondent: RG; Second Respondent: JJG; Third Respondent: LE; Fourth Respondent: GG; Fifth Respondent: JG
Jurisdiction
England and Wales
Judgment Date
13 October 2015
Procedural Posture
Court of Protection Property and Affairs / Judgment on Application to Revoke Enduring Power of Attorney and Appoint Deputy
Outcome
EPA revoked; deputy appointed
Legal Topics
Revocation of Enduring Power of Attorney, Appointment of Deputy, Attorney Unsuitability, Best Interests of Incapacitated Person
Mental Capacity Elder Law Property Law Revocation of Enduring Power of Attorney Appointment of Deputy Attorney Unsuitability Best Interests of Incapacitated Person

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Parties

Northamptonshire County Council

Applicant

RG

First Respondent

JJG

Second Respondent

LE

Third Respondent

GG

Fourth Respondent

JG

Fifth Respondent

Procedural Posture

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

Legal Issues

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

Ratio Decidendi

Julian is unsuitable to act as attorney due to his failure to provide for Rosemary’s basic care needs, his inertia and lack of urgency in managing her affairs, the delegation of his responsibilities, and the adverse impact of family hostility on the administration of her estate. It is in Rosemary’s best interests for the EPA to be revoked and a professional deputy appointed.

Court Disposition

EPA revoked; deputy appointed

Orders

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