DP (Revocation of Lasting Power of Attorney), Re [2014] EWCOP B4 (11 February 2014)

DP (Revocation of Lasting Power of Attorney), Re [2014] EWCOP B4 (11 February 2014)

JM, as attorney, made unauthorised gifts to himself, paid himself remuneration without authority, and failed to keep proper accounts, thereby contravening his authority and not acting in DP's best interests. DP lacks capacity to revoke the LPA. The statutory criteria for revocation are met and the LPA must be revoked.

Citation
[2014] EWCOP B4
Parties
Applicant: Public Guardian; Respondent: JM; Donor: DP
Jurisdiction
England and Wales
Judgment Date
11 February 2014
Procedural Posture
Court of Protection Application to Revoke Lasting Power of Attorney / Final Judgment
Outcome
LPA revoked; registration cancelled; deputy to be appointed
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Fiduciary Duties, Capacity to Revoke LPA, Financial Abuse, Gifts by Attorney, Remuneration of Attorney, Ademption of Gifts in Wills
Mental Capacity Elder Law Equity and Trusts Revocation of Lasting Power of Attorney Attorney's Fiduciary Duties Capacity to Revoke LPA Financial Abuse Gifts by Attorney +2 more

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Parties

Public Guardian

Applicant

JM

Respondent

DP

Donor

Procedural Posture

Court of Protection Application to Revoke Lasting Power of Attorney / Final Judgment

Legal Issues

  1. 1 Whether DP lacks capacity to revoke the LPA
  2. 2 Whether JM, as attorney, contravened his authority or acted not in DP's best interests
  3. 3 Whether the LPA should be revoked and registration cancelled

Ratio Decidendi

JM, as attorney, made unauthorised gifts to himself, paid himself remuneration without authority, and failed to keep proper accounts, thereby contravening his authority and not acting in DP's best interests. DP lacks capacity to revoke the LPA. The statutory criteria for revocation are met and the LPA must be revoked.

Court Disposition

LPA revoked; registration cancelled; deputy to be appointed

Orders

  • Revocation of the LPA under section 22(4)(b) of the Mental Capacity Act 2005
  • Direction to the Public Guardian to cancel the registration of the LPA