SM, Re (revocation of a Lasting Power of Attorney)

SM, Re (revocation of a Lasting Power of Attorney)

SM lacks capacity to revoke the LPA due to advanced Alzheimer's disease. MO behaved in a way that contravenes her authority and is not in SM's best interests by failing to account, failing to pay care fees, allowing arrears to accumulate, and spending funds improperly. SDRM failed to act as a check and balance. The...

Source-derived case information.

Parties
Applicant: THE PUBLIC GUARDIAN; Respondent: MO; Respondent: SDRM
Jurisdiction
England and Wales
Judgment Date
21 April 2015
Procedural Posture
Application for Revocation of Lasting Power of Attorney / Judgment
Outcome
LPA revoked; panel deputy to be appointed for SM's property and affairs.
Legal Topics
Revocation of LPA, Fiduciary Duties, Appointment of Deputy, Best Interests, Capacity Assessment
Mental Capacity Elder Law Property Law Revocation of LPA Fiduciary Duties Appointment of Deputy Best Interests Capacity Assessment

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Parties

THE PUBLIC GUARDIAN

Applicant

MO

Respondent

SDRM

Respondent

Procedural Posture

Application for Revocation of Lasting Power of Attorney / Judgment

Legal Issues

  1. 1 Whether SM lacks capacity to revoke the LPA
  2. 2 Whether MO and SDRM have breached their duties as attorneys
  3. 3 Whether the LPA should be revoked and a deputy appointed

Ratio Decidendi

SM lacks capacity to revoke the LPA due to advanced Alzheimer's disease. MO behaved in a way that contravenes her authority and is not in SM's best interests by failing to account, failing to pay care fees, allowing arrears to accumulate, and spending funds improperly. SDRM failed to act as a check and balance. 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 made by SM.
  • Invitation to a panel deputy to act as SM’s deputy for property and affairs.