DT, Re

DT, Re

DT is satisfied with his sons’ management of his affairs, there is no evidence of dishonesty or sufficient detriment to justify revocation, and the employment of a panel deputy would be a disproportionate drain on his resources. The attorneys’ actions, while not perfect, do not render them unsuitable under the statutory test.

Parties
Applicant: The Public Guardian; Respondent: IT; Respondent: PT; Respondent: MT
Jurisdiction
England and Wales
Judgment Date
25 February 2015
Procedural Posture
Application to Revoke and Cancel Registration of Enduring Power of Attorney (epa) / Judgment After Contested Hearing
Outcome
application dismissed
Legal Topics
Revocation of Enduring Power of Attorney, Suitability of Attorneys, Best Interests, Financial Provision for Spouse, Costs of Deputyship
Mental Capacity Elder Law Court of Protection Revocation of Enduring Power of Attorney Suitability of Attorneys Best Interests Financial Provision for Spouse Costs of Deputyship

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Parties

The Public Guardian

Applicant

IT

Respondent

PT

Respondent

MT

Respondent

Procedural Posture

Application to Revoke and Cancel Registration of Enduring Power of Attorney (epa) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the attorneys are unsuitable to act under the EPA for DT
  2. 2 Whether the EPA should be revoked and registration cancelled
  3. 3 Whether the attorneys have failed in their duties under the Mental Capacity Act 2005

Ratio Decidendi

DT is satisfied with his sons’ management of his affairs, there is no evidence of dishonesty or sufficient detriment to justify revocation, and the employment of a panel deputy would be a disproportionate drain on his resources. The attorneys’ actions, while not perfect, do not render them unsuitable under the statutory test.

Court Disposition

application dismissed

Orders

  • The Public Guardian’s application to revoke the EPA is dismissed.