SF, Re

Martin is unsuitable to act as attorney due to his failure to pay care fees, failure to provide a personal allowance, and excessive and unauthorised remuneration, all contrary to his fiduciary duties and not in Sheila's best interests. The EPA is revoked and its registration cancelled.

Parties: Applicant: The Public Guardian; Respondent: MF (Martin)
Jurisdiction: England and Wales
Judgment Date: 26 October 2015
Procedural Posture: Court of Protection Revocation of Enduring Power of Attorney / Judgment After Attended Hearing
Outcome: EPA revoked; registration cancelled; panel deputy to be invited to apply as deputy for property and affairs.
Legal Topics: Revocation of Enduring Power of Attorney, Attorney's Fiduciary Duties, Mismanagement of Estate, Appointment of Deputy

Mental Capacity Elder Law Revocation of Enduring Power of Attorney Attorney's Fiduciary Duties Mismanagement of Estate Appointment of Deputy

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Parties

The Public Guardian

Applicant

MF (Martin)

Respondent

Procedural Posture

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

Legal Issues

1 Whether Martin is unsuitable to act as attorney for Sheila under the EPA
2 Whether the EPA should be revoked and registration cancelled
3 Whether a panel deputy should be appointed for Sheila's property and affairs

Ratio Decidendi

Court Disposition

EPA revoked; registration cancelled; panel deputy to be invited to apply as deputy for property and affairs.

Orders

EPA made by Sheila on 23 October 2004 appointing Martin as attorney is revoked.
Public Guardian to cancel registration of the EPA.