The Public Guardian v AC & Anor [2014] EWCOP 41 (05 November 2014)

The Public Guardian v AC & Anor [2014] EWCOP 41 (05 November 2014)

PC lacks capacity to revoke the LPA, and both attorneys have breached their fiduciary duties by failing to account for substantial sums, making unauthorised gifts, and not acting in PC's best interests. The LPA must be revoked and a deputy appointed.

Source-derived case information.

Citation
[2014] EWCOP 41
Parties
Applicant: The Public Guardian; Respondent: AC; Respondent: JC
Jurisdiction
England and Wales
Judgment Date
05 November 2014
Procedural Posture
Court of Protection Application / Judgment on Application to Revoke Lasting Power of Attorney
Outcome
Application allowed. LPA revoked.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Fiduciary Duties, Gifts and Inheritance Tax Planning, Capacity to Revoke LPA
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Attorney's Fiduciary Duties Gifts and Inheritance Tax Planning Capacity to Revoke LPA

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Parties

The Public Guardian

Applicant

AC

Respondent

JC

Respondent

Procedural Posture

Court of Protection Application / Judgment on Application to Revoke Lasting Power of Attorney

Legal Issues

  1. 1 Whether PC lacks capacity to revoke the LPA herself
  2. 2 Whether the attorneys (AC and JC) have behaved in a way that contravenes their authority or is not in PC's best interests

Ratio Decidendi

PC lacks capacity to revoke the LPA, and both attorneys have breached their fiduciary duties by failing to account for substantial sums, making unauthorised gifts, and not acting in PC's best interests. The LPA must be revoked and a deputy appointed.

Court Disposition

Application allowed. LPA revoked.

Orders

  • Revocation of the Lasting Power of Attorney for property and financial affairs.
  • Direction to invite a panel deputy to apply for appointment as deputy for PC's property and affairs.