SB, Re [2015] EWCOP 7 (12 February 2015)

SB, Re [2015] EWCOP 7 (12 February 2015)

The attorneys under the LPA behaved in a way that contravened their authority and was not in SB's best interests, justifying revocation of the LPA. SB lacks capacity to revoke the LPA herself. It is in SB's best interests for WY and a professional panel deputy to be appointed jointly and severally as deputies for her property and financial affairs.

Citation
[2015] EWCOP 7
Parties
Applicant: THE PUBLIC GUARDIAN; First Respondent: BB; Second Respondent: RB; Third Respondent: WY
Jurisdiction
England and Wales
Judgment Date
12 February 2015
Procedural Posture
Court of Protection Application / Judgment on Application to Revoke LPA and Appoint Deputy
Outcome
LPA revoked; deputies appointed
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Best Interests, Abuse of Power by Attorney
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Appointment of Deputy Best Interests Abuse of Power by Attorney

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Parties

THE PUBLIC GUARDIAN

Applicant

BB

First Respondent

RB

Second Respondent

WY

Third Respondent

Procedural Posture

Court of Protection Application / Judgment on Application to Revoke LPA and Appoint Deputy

Legal Issues

  1. 1 Whether the attorneys under the LPA behaved in a way that contravenes their authority or is not in the donor's best interests
  2. 2 Whether the LPA should be revoked
  3. 3 Who should be appointed as deputy for SB's property and financial affairs

Ratio Decidendi

The attorneys under the LPA behaved in a way that contravened their authority and was not in SB's best interests, justifying revocation of the LPA. SB lacks capacity to revoke the LPA herself. It is in SB's best interests for WY and a professional panel deputy to be appointed jointly and severally as deputies for her property and financial affairs.

Court Disposition

LPA revoked; deputies appointed

Orders

  • Revocation and cancellation of the LPA for property and financial affairs for SB
  • Appointment of WY and Mrs Ann-Marie Aston (panel deputy) as deputies for SB's property and financial affairs, to act jointly and severally