ARL, Re

ARL, Re

ICL’s conduct, including misappropriation of funds, failure to pay care fees, and lack of transparency, contravened his authority and was not in ARL’s best interests. The LPA must be revoked and deputies appointed to safeguard ARL’s affairs.

Parties
Applicant: The Public Guardian; First Respondent: ICL; Second Respondent: JJT; Third Respondent: Lyn Parkin
Jurisdiction
England and Wales
Judgment Date
18 August 2015
Procedural Posture
Application for Revocation of Lasting Power of Attorney / Judgment After Contested Hearing
Outcome
LPA revoked; Lyn Parkin and JJT appointed as joint deputies for property and affairs; costs orders made.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney Misconduct, Appointment of Deputy, Costs in Court of Protection
Mental Capacity Elder Law Property Law Revocation of Lasting Power of Attorney Attorney Misconduct Appointment of Deputy Costs in Court of Protection

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Parties

The Public Guardian

Applicant

ICL

First Respondent

JJT

Second Respondent

Lyn Parkin

Third Respondent

Procedural Posture

Application for Revocation of Lasting Power of Attorney / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether ICL behaved in a way that contravenes his authority or is not in ARL’s best interests under the LPA
  2. 2 Whether the LPA should be revoked and deputies appointed
  3. 3 Who should bear the costs of the proceedings

Ratio Decidendi

ICL’s conduct, including misappropriation of funds, failure to pay care fees, and lack of transparency, contravened his authority and was not in ARL’s best interests. The LPA must be revoked and deputies appointed to safeguard ARL’s affairs.

Court Disposition

LPA revoked; Lyn Parkin and JJT appointed as joint deputies for property and affairs; costs orders made.

Orders

  • Revocation of the LPA for property and financial affairs appointing ICL and JJT as attorneys.
  • Appointment of Lyn Parkin and JJT as joint deputies for ARL’s property and affairs.