YW, Re [2016] EWCOP 18 (24 March 2016)

YW, Re [2016] EWCOP 18 (24 March 2016)

Due to the breakdown in relations between the attorneys and the resulting impasse, the LPA is not functioning and must be suspended. However, as the only evidence of Yvonne's capacity is ambivalent, the court cannot revoke the LPA until a Special Visitor assesses her capacity. Pending that, the attorneys' authority is suspended and Sian is appointed interim deputy, as she is willing, able, and suitable, and a panel deputy is not justified at this stage.

Citation
[2016] EWCOP 18
Parties
Applicant: The Public Guardian; First Respondent: TW (Thomas); Second Respondent: KW (Kevin); Third Respondent: HF (Helen French); Fourth Respondent: SC (Sian)
Jurisdiction
England and Wales
Judgment Date
24 March 2016
Procedural Posture
Court of Protection – Property and Financial Affairs / Interim Order Pending Further Capacity Assessment
Outcome
Attorneys' authority under the LPA suspended; Sian appointed interim deputy for property and affairs pending further capacity assessment; no final revocation of LPA or substantive deputy appointment until Special Visitor's report.
Legal Topics
Lasting Power of Attorney, Deputyship, Revocation of LPA, Mental Capacity Assessment, Best Interests, Family Disputes in LPA Administration
Mental Capacity Law Court of Protection Lasting Power of Attorney Deputyship Revocation of LPA Mental Capacity Assessment Best Interests Family Disputes in LPA Administration

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Parties

The Public Guardian

Applicant

TW (Thomas)

First Respondent

KW (Kevin)

Second Respondent

HF (Helen French)

Third Respondent

SC (Sian)

Fourth Respondent

Procedural Posture

Court of Protection – Property and Financial Affairs / Interim Order Pending Further Capacity Assessment

Legal Issues

  1. 1 Whether the Lasting Power of Attorney (LPA) for property and financial affairs should be revoked under section 22(4)(b) of the Mental Capacity Act 2005
  2. 2 Whether Sian or a panel deputy should be appointed as deputy for Yvonne's property and financial affairs
  3. 3 Whether Yvonne lacks capacity to revoke the LPA

Ratio Decidendi

Due to the breakdown in relations between the attorneys and the resulting impasse, the LPA is not functioning and must be suspended. However, as the only evidence of Yvonne's capacity is ambivalent, the court cannot revoke the LPA until a Special Visitor assesses her capacity. Pending that, the attorneys' authority is suspended and Sian is appointed interim deputy, as she is willing, able, and suitable, and a panel deputy is not justified at this stage.

Court Disposition

Attorneys' authority under the LPA suspended; Sian appointed interim deputy for property and affairs pending further capacity assessment; no final revocation of LPA or substantive deputy appointment until Special Visitor's report.

Orders

  • Attorneys' authority to act under the LPA suspended pursuant to section 23(2)(a) Mental Capacity Act 2005
  • Sian appointed as interim deputy for property and affairs