SAD & Anor v SED [2017] EWCOP 3 (04 November 2016)

SAD & Anor v SED [2017] EWCOP 3 (04 November 2016)

The Respondent lacked capacity to revoke the LPA on 25 September 2015. However, it is not in her best interests for the LPA to be reinstated due to the significant distress and conflict caused by her daughters acting as attorneys. The LPA is revoked and a professional deputy (HJTC Ltd) is appointed to manage her property and affairs, with authority to sell the Property if in her best interests.

Citation
[2017] EWCOP 3
Parties
Applicant: SAD; Applicant: ACD; Respondent: SED
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Court of Protection Property and Affairs Application / Final Hearing
Outcome
Application granted in part; LPA revoked; professional deputy appointed; authority to sell property granted to deputy.
Legal Topics
Lasting Power of Attorney, Revocation of LPA, Appointment of Deputy, Capacity to Manage Property and Affairs, Best Interests Decision, Sale of Property
Mental Capacity Law Court of Protection Lasting Power of Attorney Revocation of LPA Appointment of Deputy Capacity to Manage Property and Affairs Best Interests Decision Sale of Property

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Parties

SAD

Applicant

ACD

Applicant

SED

Respondent

Procedural Posture

Court of Protection Property and Affairs Application / Final Hearing

Legal Issues

  1. 1 Whether the Respondent lacked capacity to revoke the LPA on 25 September 2015
  2. 2 Whether the LPA should be reinstated
  3. 3 Whether HJTC Ltd should be appointed as property and affairs deputy

Ratio Decidendi

The Respondent lacked capacity to revoke the LPA on 25 September 2015. However, it is not in her best interests for the LPA to be reinstated due to the significant distress and conflict caused by her daughters acting as attorneys. The LPA is revoked and a professional deputy (HJTC Ltd) is appointed to manage her property and affairs, with authority to sell the Property if in her best interests.

Court Disposition

Application granted in part; LPA revoked; professional deputy appointed; authority to sell property granted to deputy.

Orders

  • LPA revoked under section 22(3) MCA 2005
  • HJTC Ltd appointed as property and affairs deputy for the Respondent