DWA, Re

DWA, Re

Angela breached her fiduciary duties by taking personal benefit, failing to account for transactions, and mixing finances with the donor’s. The donor lacks capacity to revoke the LPA herself. The revocation of Angela’s appointment as attorney is confirmed as being in the donor’s best interests.

Parties
Applicant: The Public Guardian; Respondent: MA (Martyn); Respondent: PA (Paul); Respondent: AA (Angela)
Jurisdiction
England and Wales
Judgment Date
09 November 2015
Procedural Posture
Court of Protection Mental Capacity / Application for Reconsideration of Order Revoking Lpa; Final Judgment After Attended Hearing
Outcome
Angela’s application for reconsideration is dismissed; revocation of her appointment as attorney is confirmed.
Legal Topics
Lasting Power of Attorney, Revocation of Attorney Appointment, Fiduciary Duties, Best Interests of Donor
Mental Capacity Elder Law Trusts and Estates Lasting Power of Attorney Revocation of Attorney Appointment Fiduciary Duties Best Interests of Donor

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

The Public Guardian

Applicant

MA (Martyn)

Respondent

PA (Paul)

Respondent

AA (Angela)

Respondent

Procedural Posture

Court of Protection Mental Capacity / Application for Reconsideration of Order Revoking Lpa; Final Judgment After Attended Hearing

Legal Issues

  1. 1 Whether the attorney (Angela) behaved in a way that contravenes her authority or was not in the donor’s best interests
  2. 2 Whether the donor (Dorothy) lacks capacity to revoke the LPA herself
  3. 3 Whether the revocation of Angela’s appointment as attorney should be confirmed

Ratio Decidendi

Angela breached her fiduciary duties by taking personal benefit, failing to account for transactions, and mixing finances with the donor’s. The donor lacks capacity to revoke the LPA herself. The revocation of Angela’s appointment as attorney is confirmed as being in the donor’s best interests.

Court Disposition

Angela’s application for reconsideration is dismissed; revocation of her appointment as attorney is confirmed.

Orders

  • Angela’s appointment as attorney under the LPA for property and financial affairs is revoked.
  • The Public Guardian is directed to cancel the registration of the LPA as it relates to Angela.