OL, Re [2015] EWCOP 41 (24 June 2015)

OL, Re [2015] EWCOP 41 (24 June 2015)

The attorneys' failure to keep accounts, their personal benefit from the donor's assets, and failure to keep the donor's property separate constituted behaviour contrary to their authority and not in the donor's best interests, justifying revocation of the LPA.

Citation
[2015] EWCOP 41
Parties
Applicant: The Public Guardian; First Respondent: DA; Second Respondent: YS; Third Respondent: ES
Jurisdiction
England and Wales
Judgment Date
24 June 2015
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Application to Revoke Lasting Power of Attorney
Outcome
LPA for property and financial affairs revoked; panel deputy to be appointed; no order as to costs.
Legal Topics
Revocation of Lasting Power of Attorney, Fiduciary Duties of Attorneys, Financial Abuse, Appointment of Deputy, Best Interests of Donor
Mental Capacity Elder Law Equity and Trusts Revocation of Lasting Power of Attorney Fiduciary Duties of Attorneys Financial Abuse Appointment of Deputy Best Interests of Donor

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Parties

The Public Guardian

Applicant

DA

First Respondent

YS

Second Respondent

ES

Third Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment on Application to Revoke Lasting Power of Attorney

Legal Issues

  1. 1 Whether attorneys under an LPA behaved in a way that contravened their authority or was not in the donor's best interests
  2. 2 Whether the LPA for property and financial affairs should be revoked
  3. 3 Whether a panel deputy should be appointed in place of the attorneys

Ratio Decidendi

The attorneys' failure to keep accounts, their personal benefit from the donor's assets, and failure to keep the donor's property separate constituted behaviour contrary to their authority and not in the donor's best interests, justifying revocation of the LPA.

Court Disposition

LPA for property and financial affairs revoked; panel deputy to be appointed; no order as to costs.

Orders

  • Revocation and cancellation of the registered Lasting Power of Attorney for property and financial affairs made by OL.
  • Appointment of a panel deputy to manage OL's property and financial affairs.