The Public Guardian v JW [2014] EWCOP B24 (03 June 2014)

The Public Guardian v JW [2014] EWCOP B24 (03 June 2014)

JW behaved in a way that was not in OW's best interests by failing to pay care home fees, allowing significant debt to accrue, failing to provide a personal allowance, and using OW's funds for his own benefit. As OW lacks capacity, the court revoked the LPA and appointed a panel deputy to manage her property and...

Source-derived case information.

Citation
[2014] EWCOP B24
Parties
Applicant: Public Guardian; Respondent: JW; Donor: OW
Jurisdiction
England and Wales
Judgment Date
03 June 2014
Procedural Posture
Court of Protection Application / Judgment on Application to Revoke and Cancel LPA
Outcome
Application allowed. LPA revoked. Panel deputy to be appointed.
Legal Topics
Lasting Power of Attorney, Attorney Misconduct, Revocation of LPA, Appointment of Deputy, Best Interests of Incapacitated Person
Mental Capacity Law Elder Law Lasting Power of Attorney Attorney Misconduct Revocation of LPA Appointment of Deputy Best Interests of Incapacitated Person

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Parties

Public Guardian

Applicant

JW

Respondent

OW

Donor

Procedural Posture

Court of Protection Application / Judgment on Application to Revoke and Cancel LPA

Legal Issues

  1. 1 Whether the attorney (JW) behaved in a way not in the donor's (OW's) best interests
  2. 2 Whether the LPA for property and financial affairs should be revoked
  3. 3 Whether a panel deputy should be appointed to manage OW's property and affairs

Ratio Decidendi

JW behaved in a way that was not in OW's best interests by failing to pay care home fees, allowing significant debt to accrue, failing to provide a personal allowance, and using OW's funds for his own benefit. As OW lacks capacity, the court revoked the LPA and appointed a panel deputy to manage her property and affairs.

Court Disposition

Application allowed. LPA revoked. Panel deputy to be appointed.

Orders

  • Revocation and cancellation of the registered LPA for property and financial affairs made by OW.
  • A member of the panel of deputies to be approached and invited to act as deputy to manage OW's property and affairs.