AB (Revocation of Enduring Power of Attorney)

AB (Revocation of Enduring Power of Attorney)

MD and WD are unsuitable to be AB's attorneys due to mismanagement of funds, unauthorized gifts and loans, breach of fiduciary duties, and prioritizing family interests over AB's, justifying revocation of the Enduring Power of Attorney.

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
Application for Revocation of Enduring Power of Attorney / Judgment After Contested Hearing
Outcome
EPA revoked; Brent Council appointed as deputy
Legal Topics
Revocation of Enduring Power of Attorney, Attorney Suitability, Fiduciary Duties, Appointment of Deputy
Mental Capacity Law Elder Law Revocation of Enduring Power of Attorney Attorney Suitability Fiduciary Duties Appointment of Deputy

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Parties

The Public Guardian

Applicant

MD

Respondent

WD

Respondent

The London Borough of Brent

Respondent

Procedural Posture

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 Enduring Power of Attorney should be revoked
  3. 3 Who should be appointed as deputy for AB's property and affairs

Ratio Decidendi

MD and WD are unsuitable to be AB's attorneys due to mismanagement of funds, unauthorized gifts and loans, breach of fiduciary duties, and prioritizing family interests over AB's, justifying revocation of the Enduring Power of Attorney.

Court Disposition

EPA revoked; Brent Council appointed as deputy

Orders

  • The Enduring Power of Attorney is revoked.
  • The Public Guardian is directed to cancel the registration of the EPA.