The Public Guardian v C

The Public Guardian v C

C contravened her authority and acted contrary to Miss Buckley's best interests by making high-risk, unsuitable investments, failing to keep funds separate, and using funds for personal benefit. Miss Buckley lacks capacity to revoke the LPA. Revocation and appointment of a deputy are necessary and proportionate for her protection.

Parties
Applicant: The Public Guardian; Respondent: C
Jurisdiction
England and Wales
Judgment Date
22 January 2013
Procedural Posture
Mental Capacity / Court of Protection / Judgment on Application to Revoke Lasting Power of Attorney
Outcome
LPA revoked; Public Guardian directed to cancel registration.
Legal Topics
Lasting Power of Attorney, Attorney's Fiduciary Duties, Investment of Incapacitated Person's Funds, Revocation of LPA, Best Interests, Deputy Appointment
Mental Capacity Equity and Trusts Lasting Power of Attorney Attorney's Fiduciary Duties Investment of Incapacitated Person's Funds Revocation of LPA Best Interests Deputy Appointment

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Parties

The Public Guardian

Applicant

C

Respondent

Procedural Posture

Mental Capacity / Court of Protection / Judgment on Application to Revoke Lasting Power of Attorney

Legal Issues

  1. 1 Whether the attorney (C) acted outside her authority or not in the donor's best interests under the LPA
  2. 2 Whether the donor (Miss Buckley) lacks capacity to revoke the LPA herself
  3. 3 Whether the LPA should be revoked and a deputy appointed

Ratio Decidendi

C contravened her authority and acted contrary to Miss Buckley's best interests by making high-risk, unsuitable investments, failing to keep funds separate, and using funds for personal benefit. Miss Buckley lacks capacity to revoke the LPA. Revocation and appointment of a deputy are necessary and proportionate for her protection.

Court Disposition

LPA revoked; Public Guardian directed to cancel registration.

Orders

  • The Lasting Power of Attorney registered on 17 January 2011 appointing C as attorney is revoked.
  • The Public Guardian is directed to cancel the registration of the LPA.