The Public Guardian v RI & Ors

The Public Guardian v RI & Ors

On the balance of probabilities, RD lacked capacity to execute the LPA in 2009 due to severe learning disability and inability to understand, retain, weigh, and use the relevant information, displacing the presumption of capacity. Therefore, a requirement for creation of the LPA was not met and the LPA is invalid.

Parties
Applicant: The Public Guardian; Respondent: RI; Respondent: D; Respondent: RS; Respondent: RO
Jurisdiction
England and Wales
Judgment Date
07 June 2022
Procedural Posture
Court of Protection / Judgment on Validity of LPA Execution
Outcome
LPA declared invalid due to lack of capacity at execution.
Legal Topics
Lasting Power of Attorney, Capacity Assessment, Revocation of LPA, Appointment of Deputy
Mental Capacity Trusts and Estates Lasting Power of Attorney Capacity Assessment Revocation of LPA Appointment of Deputy

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Parties

The Public Guardian

Applicant

RI

Respondent

D

Respondent

RS

Respondent

RO

Respondent

Procedural Posture

Court of Protection / Judgment on Validity of LPA Execution

Legal Issues

  1. 1 Whether RD had capacity to execute a Lasting Power of Attorney in 2009

Ratio Decidendi

On the balance of probabilities, RD lacked capacity to execute the LPA in 2009 due to severe learning disability and inability to understand, retain, weigh, and use the relevant information, displacing the presumption of capacity. Therefore, a requirement for creation of the LPA was not met and the LPA is invalid.

Court Disposition

LPA declared invalid due to lack of capacity at execution.

Orders

  • Public Guardian directed to cancel registration of the LPA.
  • Interim deputy RS to continue until full deputy appointment.