SM, Re (revocation of a Lasting Power of Attorney) [2015] EWCOP 27 (21 April 2015)

SM, Re (revocation of a Lasting Power of Attorney) [2015] EWCOP 27 (21 April 2015)

MO behaved in a way that contravened her authority and was not in SM's best interests by failing to account, failing to pay care fees, allowing arrears to accumulate, and using SM's funds for personal benefit. SM lacks capacity to revoke the LPA. SDRM failed to act as a check and balance. It is not in SM's best...

Source-derived case information.

Citation
[2015] EWCOP 27
Parties
Applicant: The Public Guardian; Respondent: MO; Respondent: SDRM
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Court of Protection Application for Revocation of Lasting Power of Attorney / Judgment After Attended Hearing
Outcome
LPA revoked; panel deputy to be appointed for SM's property and affairs.
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Fiduciary Duties, Best Interests of Donor, Appointment of Deputy
Mental Capacity Law Elder Law Revocation of Lasting Power of Attorney Attorney's Fiduciary Duties Best Interests of Donor Appointment of Deputy

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Parties

The Public Guardian

Applicant

MO

Respondent

SDRM

Respondent

Procedural Posture

Court of Protection Application for Revocation of Lasting Power of Attorney / Judgment After Attended Hearing

Legal Issues

  1. 1 Whether the attorney (MO) behaved in a way that contravenes her authority or is not in the donor's (SM's) best interests
  2. 2 Whether the LPA for property and financial affairs should be revoked
  3. 3 Whether a panel deputy should be appointed

Ratio Decidendi

MO behaved in a way that contravened her authority and was not in SM's best interests by failing to account, failing to pay care fees, allowing arrears to accumulate, and using SM's funds for personal benefit. SM lacks capacity to revoke the LPA. SDRM failed to act as a check and balance. It is not in SM's best interests for either attorney to continue. The LPA must be revoked and a panel deputy appointed.

Court Disposition

LPA revoked; panel deputy to be appointed for SM's property and affairs.

Orders

  • Revocation and cancellation of the registered LPA for property and financial affairs made by SM.
  • Invitation to a panel deputy to act as SM's deputy for property and affairs.