AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12 (07 July 2014)

AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12 (07 July 2014)

MD and WD are unsuitable to act as AB's attorneys because they breached their fiduciary duties, mismanaged AB's finances, prioritized family interests over AB's, made unauthorized gifts and loans, and failed to account for significant sums, justifying revocation of the EPA.

Citation
[2014] EWCOP 12
Parties
Applicant: The Public Guardian; Respondent: MD; Respondent: WD; Respondent: The London Borough of Brent
Jurisdiction
England and Wales
Judgment Date
07 July 2014
Procedural Posture
Court of Protection Application for Revocation of Enduring Power of Attorney / Judgment After Contested Hearing
Outcome
EPA revoked; Public Guardian to cancel registration; Brent Council invited to apply as deputy.
Legal Topics
Revocation of Enduring Power of Attorney, Attorney's Fiduciary Duties, Unsuitability of Attorney, Appointment of Deputy, Mismanagement of Donor's Funds
Mental Capacity Law Elder Law Equity and Trusts Revocation of Enduring Power of Attorney Attorney's Fiduciary Duties Unsuitability of Attorney Appointment of Deputy Mismanagement of Donor's Funds

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 3 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

The Public Guardian

Applicant

MD

Respondent

WD

Respondent

The London Borough of Brent

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the attorneys (MD and WD) are unsuitable to act as AB's attorneys under the Enduring Power of Attorney
  2. 2 Whether the attorneys contravened their authority or acted contrary to AB's best interests
  3. 3 Whether the EPA should be revoked and a deputy appointed

Ratio Decidendi

MD and WD are unsuitable to act as AB's attorneys because they breached their fiduciary duties, mismanaged AB's finances, prioritized family interests over AB's, made unauthorized gifts and loans, and failed to account for significant sums, justifying revocation of the EPA.

Court Disposition

EPA revoked; Public Guardian to cancel registration; Brent Council invited to apply as deputy.

Orders

  • Revocation of the Enduring Power of Attorney made by AB.
  • Public Guardian to cancel the registration of the EPA.