AMH, Re

The LPA for property and financial affairs is revoked because Audrey, while not self-dealing, acted out of ignorance and inflexibility, failing to act in AMH's best interests. However, to respect AMH's choice of decision-maker, Audrey is appointed as deputy with supervision, providing appropriate safeguards.

Parties: Applicant: The Public Guardian; First Respondent: ALH (Audrey); Second Respondent: KEH (Kevin)
Jurisdiction: England and Wales
Judgment Date: 30 October 2015
Procedural Posture: Court of Protection Mental Capacity Act Application / Judgment After Attended Hearing
Outcome: LPA revoked; attorney appointed as deputy with supervision
Legal Topics: Lasting Power of Attorney, Revocation of LPA, Appointment of Deputy, Best Interests, Fiduciary Duties

Mental Capacity Court of Protection Lasting Power of Attorney Revocation of LPA Appointment of Deputy Best Interests Fiduciary Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5

Parties

The Public Guardian

Applicant

ALH (Audrey)

First Respondent

KEH (Kevin)

Second Respondent

Procedural Posture

Court of Protection Mental Capacity Act Application / Judgment After Attended Hearing

Legal Issues

1 Whether the LPA for property and financial affairs should be revoked due to the attorney's conduct not being in the donor's best interests
2 Whether the attorney should be appointed as deputy with supervision instead of continuing as attorney

Ratio Decidendi

Court Disposition

LPA revoked; attorney appointed as deputy with supervision

Orders

LPA for property and financial affairs revoked
Audrey appointed as deputy for AMH's property and financial affairs, subject to supervision by the Public Guardian