JL (Revocation of Lasting Power of Attorney) [2014] EWCOP 36 (09 October 2014)

JL (Revocation of Lasting Power of Attorney) [2014] EWCOP 36 (09 October 2014)

AS behaved in a way that contravened her authority and was not in JL's best interests, including failing to keep accounts, using JL's funds for personal benefit, and exerting pressure on JL. JL lacks capacity to revoke the LPA. The LPA is revoked and Essex County Council is appointed as deputy.

Source-derived case information.

Citation
[2014] EWCOP 36
Parties
Applicant: The Public Guardian; Respondent: AS; Respondent: Essex County Council
Jurisdiction
England and Wales
Judgment Date
09 October 2014
Procedural Posture
Court of Protection Application / Judgment After Contested Hearing
Outcome
LPA revoked; Essex County Council appointed as deputy for property and affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Best Interests, Attorney Misconduct
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Appointment of Deputy Best Interests Attorney Misconduct

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

The Public Guardian

Applicant

AS

Respondent

Essex County Council

Respondent

Procedural Posture

Court of Protection Application / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether AS behaved in a way that contravenes her authority or is not in JL's best interests
  2. 2 Whether JL lacks capacity to revoke the LPA herself

Ratio Decidendi

AS behaved in a way that contravened her authority and was not in JL's best interests, including failing to keep accounts, using JL's funds for personal benefit, and exerting pressure on JL. JL lacks capacity to revoke the LPA. The LPA is revoked and Essex County Council is appointed as deputy.

Court Disposition

LPA revoked; Essex County Council appointed as deputy for property and affairs.

Orders

  • Revocation and cancellation of the registered LPA for property and financial affairs created on 8 October 2013.
  • Essex County Council appointed as substantive deputy for JL's property and financial affairs.