WP deceased and EP, Re (Rev 1) [2015] EWCOP 84 (08 December 2015)

WP deceased and EP, Re (Rev 1) [2015] EWCOP 84 (08 December 2015)

Payments of £150 per month to each attorney are retrospectively approved and may continue, as they reflect reasonable reimbursement for care support and travel expenses, are affordable, represent a saving over commercial care, and do not constitute profit. No specific remuneration is allowed for general attorneyship duties absent express provision or exceptional circumstances.

Citation
[2015] EWCOP 84
Parties
Applicant: TB; Applicant: SP; Donor: WP (deceased); Donor: EP; Interested Party: Susan
Jurisdiction
England and Wales
Judgment Date
08 December 2015
Procedural Posture
Court of Protection Application / Judgment on Application for Retrospective Approval of Payments
Outcome
Application granted in part
Legal Topics
Enduring Power of Attorney, Attorney Remuneration, Best Interests, Retrospective Approval of Payments, Care Allowances
Mental Capacity Elder Law Enduring Power of Attorney Attorney Remuneration Best Interests Retrospective Approval of Payments Care Allowances

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Parties

TB

Applicant

SP

Applicant

WP (deceased)

Donor

EP

Donor

Susan

Interested Party

Procedural Posture

Court of Protection Application / Judgment on Application for Retrospective Approval of Payments

Legal Issues

  1. 1 Whether retrospective approval should be granted for monthly payments of £150 each to attorneys and their sister from the donors' funds
  2. 2 Whether attorneys are entitled to remuneration or reimbursement for care and expenses under the Enduring Power of Attorney
  3. 3 Whether such payments are in the best interests of the donors

Ratio Decidendi

Payments of £150 per month to each attorney are retrospectively approved and may continue, as they reflect reasonable reimbursement for care support and travel expenses, are affordable, represent a saving over commercial care, and do not constitute profit. No specific remuneration is allowed for general attorneyship duties absent express provision or exceptional circumstances.

Court Disposition

Application granted in part

Orders

  • Retrospective approval of monthly payments of £150 each to Theresa and Stephen from the donors' funds.
  • Continued payment of £150 per month to each attorney until further order.