P, Re [2015] EWCOP 37 (03 June 2015)

P, Re [2015] EWCOP 37 (03 June 2015)

H is unsuitable to be P's attorney because he breached his fiduciary duty by using P's money for his own debts, failed to manage her assets in her best interests, and remains under the influence of MQ. Revocation of the EPA and appointment of deputies is necessary and proportionate to protect P's interests and prevent further risk.

Citation
[2015] EWCOP 37
Parties
Applicant: THE PUBLIC GUARDIAN; Respondent: H
Jurisdiction
England and Wales
Judgment Date
03 June 2015
Procedural Posture
Court of Protection Revocation of Enduring Power of Attorney / Judgment After Contested Hearing
Outcome
EPA revoked; deputies appointed
Legal Topics
Revocation of Enduring Power of Attorney, Attorney's Fiduciary Duties, Best Interests of Donor, Appointment of Deputies
Mental Capacity Law Elder Law Revocation of Enduring Power of Attorney Attorney's Fiduciary Duties Best Interests of Donor Appointment of Deputies

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Parties

THE PUBLIC GUARDIAN

Applicant

H

Respondent

Procedural Posture

Court of Protection Revocation of Enduring Power of Attorney / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether H is unsuitable to act as attorney for P under the Enduring Power of Attorney
  2. 2 Whether the EPA should be revoked and deputies appointed

Ratio Decidendi

H is unsuitable to be P's attorney because he breached his fiduciary duty by using P's money for his own debts, failed to manage her assets in her best interests, and remains under the influence of MQ. Revocation of the EPA and appointment of deputies is necessary and proportionate to protect P's interests and prevent further risk.

Court Disposition

EPA revoked; deputies appointed

Orders

  • The Enduring Power of Attorney made by P and registered on 12 March 2013 is revoked.
  • The Public Guardian is directed to cancel the registration of the EPA.