EL, Re (revoking a Lasting Power of Attorney)

EL, Re (revoking a Lasting Power of Attorney)

The LPA was revoked because the attorneys’ mutual hostility and failure to cooperate impeded the proper administration of EL’s estate, they misappropriated funds, and thus behaved in ways not in EL’s best interests and contrary to their authority. EL lacks capacity to revoke the LPA herself.

Parties
Applicant: The Public Guardian; Respondent: CS; Respondent: PL
Jurisdiction
England and Wales
Judgment Date
29 April 2015
Procedural Posture
Court of Protection Mental Capacity Act Application / Judgment After Attended Hearing
Outcome
LPA revoked; panel deputy to be invited to apply for appointment as deputy for property and affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Attorney Misconduct, Best Interests of Incapacitated Person
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Appointment of Deputy Attorney Misconduct Best Interests of Incapacitated Person

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Parties

The Public Guardian

Applicant

CS

Respondent

PL

Respondent

Procedural Posture

Court of Protection Mental Capacity Act Application / Judgment After Attended Hearing

Legal Issues

  1. 1 Whether the Lasting Power of Attorney (LPA) for property and financial affairs should be revoked due to attorney misconduct and breakdown in relationship
  2. 2 Whether a panel deputy should be appointed to manage EL’s property and affairs
  3. 3 Whether EL lacks capacity to revoke the LPA herself

Ratio Decidendi

The LPA was revoked because the attorneys’ mutual hostility and failure to cooperate impeded the proper administration of EL’s estate, they misappropriated funds, and thus behaved in ways not in EL’s best interests and contrary to their authority. EL lacks capacity to revoke the LPA herself.

Court Disposition

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

Orders

  • The LPA for property and financial affairs made by EL and registered on 12 July 2010 is revoked.
  • A panel deputy is invited to apply to be appointed as EL’s deputy for property and affairs.