Re RG [2015] EWCOP 2 (28 January 2015)

PB contravened his authority and failed to act in RG's best interests by not keeping accounts, commingling funds, and incurring debts, making him unsuitable to be RG's attorney under the EPA; thus, his appointment is revoked and the EPA is limited to JW as sole attorney.

Citation: [2015] EWCOP 2
Parties: Applicant: The Public Guardian; First Respondent: PB; Second Respondent: JW
Jurisdiction: England and Wales
Judgment Date: 28 January 2015
Procedural Posture: Court of Protection Enduring Power of Attorney / Application for Reconsideration of Order Partially Revoking EPA
Outcome: PB's application for reconsideration dismissed; order revoking PB as attorney and limiting EPA to JW as sole attorney confirmed.
Legal Topics: Revocation of Enduring Power of Attorney, Attorney's Fiduciary Duties, Unsuitability of Attorney, Best Interests of Donor

Mental Capacity Elder Law Trusts and Estates Revocation of Enduring Power of Attorney Attorney's Fiduciary Duties Unsuitability of Attorney Best Interests of Donor

Case Brief

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Parties

The Public Guardian

Applicant

First Respondent

Second Respondent

Procedural Posture

Court of Protection Enduring Power of Attorney / Application for Reconsideration of Order Partially Revoking EPA

Legal Issues

1 Whether PB is unsuitable to act as attorney for RG under the EPA
2 Whether the EPA should be limited to JW as sole attorney
3 Whether appointment of an independent deputy is preferable

Ratio Decidendi

Court Disposition

PB's application for reconsideration dismissed; order revoking PB as attorney and limiting EPA to JW as sole attorney confirmed.

Orders

Revocation of PB's appointment as attorney under EPA for RG.
EPA registration limited to JW as sole attorney.