Public Guardian v DH [2014] EWCOP 15 (15 July 2014)

Public Guardian v DH [2014] EWCOP 15 (15 July 2014)

VH lacked capacity to enter into the mortgage and make a substantial gift to DH in 2011; DH's actions as attorney were not in VH's best interests and contravened his authority under the Mental Capacity Act 2005; therefore, the LPA must be revoked and its registration cancelled.

Citation
[2014] EWCOP 15
Parties
Applicant: The Public Guardian; Respondent: DH
Jurisdiction
England and Wales
Judgment Date
15 July 2014
Procedural Posture
Revocation of Lasting Power of Attorney / Final Hearing and Judgment
Outcome
LPA revoked and registration cancelled
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Fiduciary Duties, Capacity to Make Gifts, Best Interests of Donor
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Attorney's Fiduciary Duties Capacity to Make Gifts Best Interests of Donor

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Parties

The Public Guardian

Applicant

DH

Respondent

Procedural Posture

Revocation of Lasting Power of Attorney / Final Hearing and Judgment

Legal Issues

  1. 1 Whether VH had capacity to make a substantial gift and enter into a mortgage in 2011
  2. 2 Whether DH, as attorney, acted in VH's best interests or contravened his authority under the Mental Capacity Act 2005
  3. 3 Whether the LPA should be revoked and its registration cancelled

Ratio Decidendi

VH lacked capacity to enter into the mortgage and make a substantial gift to DH in 2011; DH's actions as attorney were not in VH's best interests and contravened his authority under the Mental Capacity Act 2005; therefore, the LPA must be revoked and its registration cancelled.

Court Disposition

LPA revoked and registration cancelled

Orders

  • The Lasting Power of Attorney executed by VH on 8 April 2010 and registered on 11 November 2010 is revoked.
  • The Public Guardian is directed to cancel the registration of the LPA.