OL, Re

The attorneys' failure to keep accounts, obtain personal benefits beyond their authority, and not keep OL's finances separate from their own constituted behaviour that contravened their authority and was not in OL's best interests, justifying revocation of the LPA.

Parties: Applicant: The Public Guardian; Respondent: DA; Respondent: YS; Respondent: ES
Jurisdiction: England and Wales
Judgment Date: 24 June 2015
Procedural Posture: Application for Revocation of Lasting Power of Attorney / Judgment
Outcome: LPA for property and financial affairs revoked; panel deputy to be appointed; no order as to costs.
Legal Topics: Revocation of LPA, Fiduciary Duty, Financial Abuse, Appointment of Deputy

Mental Capacity Elder Law Property Law Revocation of LPA Fiduciary Duty Financial Abuse Appointment of Deputy

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Parties

The Public Guardian

Applicant

Respondent

Procedural Posture

Application for Revocation of Lasting Power of Attorney / Judgment

Legal Issues

1 Whether the attorneys behaved in a way that contravenes their authority or was not in the donor's best interests
2 Whether the LPA for property and financial affairs should be revoked
3 Whether a panel deputy should be appointed to manage OL's property and financial affairs

Ratio Decidendi

Court Disposition

LPA for property and financial affairs revoked; panel deputy to be appointed; no order as to costs.

Orders

Revocation and cancellation of the registered Lasting Power of Attorney for property and financial affairs made by OL.
Appointment of a panel deputy to manage OL's property and financial affairs.