ID (Revocation of LPA) [2015] EWCOP 19 (19 March 2015)

ID (Revocation of LPA) [2015] EWCOP 19 (19 March 2015)

The attorneys behaved in a way that contravened their authority and was not in ID's best interests, including failure to pay care fees, improper management of accounts, and unaccounted payments. The LPA is revoked and a panel deputy is to be appointed solely.

Source-derived case information.

Citation
[2015] EWCOP 19
Parties
Applicant: The Public Guardian; Respondent: BW; Respondent: MD
Jurisdiction
England and Wales
Judgment Date
19 March 2015
Procedural Posture
Application for Revocation of Lasting Power of Attorney / Final Judgment After Attended Hearing
Outcome
LPA revoked; panel deputy to be appointed solely for property and affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney Misconduct, Appointment of Deputy, Best Interests of Incapacitated Person
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Attorney Misconduct Appointment of Deputy Best Interests of Incapacitated Person

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Parties

The Public Guardian

Applicant

BW

Respondent

MD

Respondent

Procedural Posture

Application for Revocation of Lasting Power of Attorney / Final Judgment After Attended Hearing

Legal Issues

  1. 1 Whether the attorneys behaved in a way that contravenes their authority or is not in the donor's best interests
  2. 2 Whether the Lasting Power of Attorney should be revoked
  3. 3 Whether a panel deputy should be appointed instead of a family member

Ratio Decidendi

The attorneys behaved in a way that contravened their authority and was not in ID's best interests, including failure to pay care fees, improper management of accounts, and unaccounted payments. The LPA is revoked and a panel deputy is to be appointed solely.

Court Disposition

LPA revoked; panel deputy to be appointed solely for property and affairs.

Orders

  • Revocation of the Lasting Power of Attorney for property and affairs.
  • Appointment of a panel deputy to act solely as ID's deputy for property and affairs.