SH, Re

SH, Re

Ray, as attorney, failed to act in Sybil's best interests by neglecting his duties under the LPAs. The court is satisfied Sybil lacks capacity to revoke the LPAs. The LPAs are revoked. Fatima is appointed as deputy for property and affairs due to her ongoing care and the impracticality of appointing a professional deputy given the small estate. There is no need to appoint a deputy for personal welfare as routine decisions can be made by Fatima as carer and by health professionals.

Parties
Applicant: The Public Guardian; Respondent: Ray; Respondent: Fatima; Respondent: Karl
Jurisdiction
England and Wales
Judgment Date
08 January 2016
Procedural Posture
Court of Protection Mental Capacity / Judgment After Contested Application for Revocation of Lpas and Appointment of Deputy
Outcome
LPAs for property and affairs and personal welfare revoked; Fatima appointed as deputy for property and affairs; no deputy appointed for personal welfare.
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Best Interests, Property and Affairs, Personal Welfare
Mental Capacity Elder Law Family Law Revocation of Lasting Power of Attorney Appointment of Deputy Best Interests Property and Affairs Personal Welfare

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Parties

The Public Guardian

Applicant

Ray

Respondent

Fatima

Respondent

Karl

Respondent

Procedural Posture

Court of Protection Mental Capacity / Judgment After Contested Application for Revocation of Lpas and Appointment of Deputy

Legal Issues

  1. 1 Whether the attorney (Ray) acted in Sybil's best interests under the LPAs
  2. 2 Whether the LPAs for property and affairs and personal welfare should be revoked
  3. 3 Whether Fatima should be appointed as deputy for property and affairs and/or personal welfare

Ratio Decidendi

Ray, as attorney, failed to act in Sybil's best interests by neglecting his duties under the LPAs. The court is satisfied Sybil lacks capacity to revoke the LPAs. The LPAs are revoked. Fatima is appointed as deputy for property and affairs due to her ongoing care and the impracticality of appointing a professional deputy given the small estate. There is no need to appoint a deputy for personal welfare as routine decisions can be made by Fatima as carer and by health professionals.

Court Disposition

LPAs for property and affairs and personal welfare revoked; Fatima appointed as deputy for property and affairs; no deputy appointed for personal welfare.

Orders

  • LPAs made by Sybil on 23 April 2008 and registered on 23 September 2008 and 26 January 2009 are revoked.
  • Fatima is appointed as deputy for Sybil's property and affairs.