EL, Re (revoking a Lasting Power of Attorney) [2015] EWCOP 30 (29 April 2015)

EL, Re (revoking a Lasting Power of Attorney) [2015] EWCOP 30 (29 April 2015)

The attorneys' ongoing hostility and failure to cooperate have created an impasse in managing EL's affairs, impeding proper administration and resulting in actions not in EL's best interests, including unauthorized gifts to themselves. The attorneys cannot be trusted to act as intended under the LPA, justifying revocation under section 22(3)(b) of the Mental Capacity Act 2005.

Citation
[2015] EWCOP 30
Parties
Applicant: The Public Guardian; Respondent: CS; Respondent: PL
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Attended Hearing on Application to Revoke LPA
Outcome
LPA for property and financial affairs revoked; panel deputy to be invited to apply for appointment as deputy for EL's property and affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney Misconduct, Best Interests of Donor, Appointment of Deputy
Mental Capacity Law Court of Protection Revocation of Lasting Power of Attorney Attorney Misconduct Best Interests of Donor Appointment of Deputy

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Parties

The Public Guardian

Applicant

CS

Respondent

PL

Respondent

Procedural Posture

Court of Protection Application Under the Mental Capacity Act 2005 / Judgment Following Attended Hearing on Application to Revoke LPA

Legal Issues

  1. 1 Whether the attorneys under the LPA have behaved in a way that contravenes their authority or is not in the donor's best interests
  2. 2 Whether the LPA for property and financial affairs should be revoked and a deputy appointed

Ratio Decidendi

The attorneys' ongoing hostility and failure to cooperate have created an impasse in managing EL's affairs, impeding proper administration and resulting in actions not in EL's best interests, including unauthorized gifts to themselves. The attorneys cannot be trusted to act as intended under the LPA, justifying revocation under section 22(3)(b) of the Mental Capacity Act 2005.

Court Disposition

LPA for property and financial affairs revoked; panel deputy to be invited to apply for appointment as deputy for EL's property and affairs.

Orders

  • Revocation and cancellation of the registered LPA for property and financial affairs made by EL and registered on 12 July 2010.
  • A panel deputy to be invited to apply for appointment as deputy to manage EL's property and affairs, with powers to investigate and restore the estate as necessary.