SAD & Anor v SED

SAD & Anor v SED

The respondent lacked capacity to revoke the LPA on 25 September 2015. However, it is not in her best interests for the attorneys (her daughters) to continue managing her property and affairs due to the distress and conflict caused. The LPA is revoked and a professional deputy (HJTC Ltd) is appointed to manage her...

Source-derived case information.

Parties
Applicant: SAD; Applicant: ACD; Respondent: SED
Jurisdiction
England and Wales
Judgment Date
04 November 2016
Procedural Posture
Application / Final Judgment
Outcome
LPA revoked; deputy appointed
Legal Topics
Lasting Power of Attorney, Revocation of LPA, Appointment of Deputy, Best Interests, Capacity Assessment
Mental Capacity Court of Protection Lasting Power of Attorney Revocation of LPA Appointment of Deputy Best Interests Capacity Assessment

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Parties

SAD

Applicant

ACD

Applicant

SED

Respondent

Procedural Posture

Application / Final Judgment

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 attorneys (her daughters) to continue managing her property and affairs due to the distress and conflict caused. The LPA is revoked and a professional deputy (HJTC Ltd) is appointed to manage her property and affairs, including authority to sell the property.

Court Disposition

LPA revoked; deputy appointed

Orders

  • LPA revoked
  • HJTC Ltd appointed as property and affairs deputy for respondent