GW, Re [2015] EWCOP 9 (18 February 2015)

GW, Re [2015] EWCOP 9 (18 February 2015)

BW's persistent failures to pay care fees, provide a personal allowance, engage with agencies, and account for his dealings, together with lack of credibility and failure to comply with the OPG's investigation, constituted behaviour that contravened his authority and was not in GW's best interests. As GW lacked...

Source-derived case information.

Citation
[2015] EWCOP 9
Parties
Applicant: THE PUBLIC GUARDIAN; Respondent: BW
Jurisdiction
England and Wales
Judgment Date
18 February 2015
Procedural Posture
Court of Protection Revocation of Lasting Power of Attorney / Judgment After Contested Application
Outcome
LPA for property and financial affairs revoked; panel deputy to be appointed for GW's property and financial affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney Misconduct, Best Interests of Donor
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Attorney Misconduct Best Interests of Donor

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Parties

THE PUBLIC GUARDIAN

Applicant

BW

Respondent

Procedural Posture

Court of Protection Revocation of Lasting Power of Attorney / Judgment After Contested Application

Legal Issues

  1. 1 Whether the attorney (BW) behaved in a way that contravenes his authority or is not in the donor's (GW's) best interests under the Mental Capacity Act 2005
  2. 2 Whether the Lasting Power of Attorney for property and financial affairs should be revoked

Ratio Decidendi

BW's persistent failures to pay care fees, provide a personal allowance, engage with agencies, and account for his dealings, together with lack of credibility and failure to comply with the OPG's investigation, constituted behaviour that contravened his authority and was not in GW's best interests. As GW lacked capacity to revoke the LPA, the court revoked it under section 22(4)(b) of the Mental Capacity Act 2005.

Court Disposition

LPA for property and financial affairs revoked; panel deputy to be appointed for GW's property and financial affairs.

Orders

  • Revocation and cancellation of the registered LPA for property and financial affairs made by GW.
  • Court to invite a member of the panel of deputies to apply for appointment as deputy for GW's property and financial affairs.