ID (Revocation of LPA)

ID (Revocation of LPA)

The attorneys behaved in ways that contravened their authority and were not in ID's best interests, including failing to pay care fees, failing to provide a personal allowance, failing to account for significant sums, co-mingling funds, and improper management of accounts. Therefore, the LPA is revoked and a panel deputy will be appointed solely.

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 / Judgment After Attended Hearing
Outcome
LPA revoked; panel deputy to be appointed solely for property and affairs; application for joint deputyship by BW refused.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney Misconduct, Appointment of Deputy, Best Interests of Incapacitated Person
Mental Capacity 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 / 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 the attorneys

Ratio Decidendi

The attorneys behaved in ways that contravened their authority and were not in ID's best interests, including failing to pay care fees, failing to provide a personal allowance, failing to account for significant sums, co-mingling funds, and improper management of accounts. Therefore, the LPA is revoked and a panel deputy will be appointed solely.

Court Disposition

LPA revoked; panel deputy to be appointed solely for property and affairs; application for joint deputyship by BW refused.

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.