The Public Guardian v AM

The Public Guardian v AM

The respondent attorney acted in contravention of his authority and not in the donor's best interests by withdrawing funds for his own benefit without proper justification or accounting, and the donor lacks capacity to revoke the LPA herself. The LPA must be revoked and a deputy appointed.

Parties
Applicant: The Public Guardian; Respondent: AM; Incapacitated Person: Carla (CMW)
Jurisdiction
England and Wales
Judgment Date
09 December 2015
Procedural Posture
Court of Protection Application / Judgment After Contested Hearing
Outcome
LPA for property and affairs revoked; registration cancelled; deputy to be appointed.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Fiduciary Duties, Appointment of Deputy
Mental Capacity Elder Law Property Law Revocation of Lasting Power of Attorney Attorney's Fiduciary Duties Appointment of Deputy

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Parties

The Public Guardian

Applicant

AM

Respondent

Carla (CMW)

Incapacitated Person

Procedural Posture

Court of Protection Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the attorney acted contrary to the donor's best interests and authority under the LPA
  2. 2 Whether the LPA for property and affairs should be revoked
  3. 3 Whether the donor lacks capacity to revoke the LPA

Ratio Decidendi

The respondent attorney acted in contravention of his authority and not in the donor's best interests by withdrawing funds for his own benefit without proper justification or accounting, and the donor lacks capacity to revoke the LPA herself. The LPA must be revoked and a deputy appointed.

Court Disposition

LPA for property and affairs revoked; registration cancelled; deputy to be appointed.

Orders

  • LPA for property and affairs revoked under section 22(4)(b) MCA 2005
  • Public Guardian to cancel registration of the LPA