AMH, Re [2015] EWCOP 70 (30 October 2015)

AMH, Re [2015] EWCOP 70 (30 October 2015)

Audrey, as attorney, behaved in a way that was not in AMH's best interests due to ignorance of her duties, inflexibility, and expenditure of funds on unnecessary items. The LPA is revoked and Audrey is appointed as deputy, subject to supervision, to provide appropriate safeguards while respecting AMH's choice of decision-maker.

Citation
[2015] EWCOP 70
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 Application to Revoke Lasting Power of Attorney / Final Judgment After Attended Hearing
Outcome
LPA for property and financial affairs revoked; Audrey appointed as deputy for property and financial affairs
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Best Interests, Fiduciary Duties of Attorney, Safeguards Under Mental Capacity Act 2005
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Appointment of Deputy Best Interests Fiduciary Duties of Attorney Safeguards Under Mental Capacity Act 2005

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Parties

The Public Guardian

Applicant

ALH (Audrey)

First Respondent

KEH (Kevin)

Second Respondent

Procedural Posture

Court of Protection Application to Revoke Lasting Power of Attorney / Final Judgment After Attended Hearing

Legal Issues

  1. 1 Whether the attorney (Audrey) has behaved in a way that is not in the donor's (AMH's) best interests under s.22(3)(b) Mental Capacity Act 2005
  2. 2 Whether the Lasting Power of Attorney for property and financial affairs should be revoked
  3. 3 Whether Audrey should be appointed as deputy for AMH's property and financial affairs

Ratio Decidendi

Audrey, as attorney, behaved in a way that was not in AMH's best interests due to ignorance of her duties, inflexibility, and expenditure of funds on unnecessary items. The LPA is revoked and Audrey is appointed as deputy, subject to supervision, to provide appropriate safeguards while respecting AMH's choice of decision-maker.

Court Disposition

LPA for property and financial affairs revoked; Audrey appointed as deputy for property and financial affairs

Orders

  • Revocation of the Lasting Power of Attorney for property and financial affairs registered on 25 April 2013
  • Appointment of Audrey as deputy to manage AMH's property and financial affairs, subject to supervision by the Public Guardian