YW, Re

YW, Re

The LPA is unworkable due to irreconcilable differences between the attorneys, adversely affecting Yvonne's affairs. There is consensus that the LPA should be revoked and a deputy appointed. However, as the only evidence of Yvonne's capacity is ambivalent, the court requires a Special Visitor's report before revoking the LPA and making a substantive deputyship appointment. Pending that, the attorneys' authority under the LPA is suspended and Sian is appointed as interim deputy, as she is willing, able, and suitable, and a panel deputy should only be appointed as a last resort.

Parties
Applicant: The Public Guardian; Respondent: Thomas (TW); Respondent: Kevin (KW); Respondent: Helen French (HF); Respondent: Sian (SC)
Jurisdiction
England and Wales
Judgment Date
24 March 2016
Procedural Posture
Court of Protection Mental Capacity / Application to Revoke LPA and Appoint Deputy
Outcome
Attorneys' authority under the LPA suspended; Sian appointed interim deputy pending further capacity assessment; no substantive revocation or permanent deputy appointment until Special Visitor's report received.
Legal Topics
Revocation of Lasting Power of Attorney, Appointment of Deputy, Best Interests, Family Disputes, Costs
Mental Capacity Elder Law Property Law Revocation of Lasting Power of Attorney Appointment of Deputy Best Interests Family Disputes Costs

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Parties

The Public Guardian

Applicant

Thomas (TW)

Respondent

Kevin (KW)

Respondent

Helen French (HF)

Respondent

Sian (SC)

Respondent

Procedural Posture

Court of Protection Mental Capacity / Application to Revoke LPA and Appoint Deputy

Legal Issues

  1. 1 Whether the Lasting Power of Attorney (LPA) for property and financial affairs should be revoked under section 22(4)(b) of the Mental Capacity Act 2005
  2. 2 Whether Sian or a panel deputy should be appointed as deputy for Yvonne's property and affairs
  3. 3 Whether Yvonne lacks capacity to revoke the LPA

Ratio Decidendi

The LPA is unworkable due to irreconcilable differences between the attorneys, adversely affecting Yvonne's affairs. There is consensus that the LPA should be revoked and a deputy appointed. However, as the only evidence of Yvonne's capacity is ambivalent, the court requires a Special Visitor's report before revoking the LPA and making a substantive deputyship appointment. Pending that, the attorneys' authority under the LPA is suspended and Sian is appointed as interim deputy, as she is willing, able, and suitable, and a panel deputy should only be appointed as a last resort.

Court Disposition

Attorneys' authority under the LPA suspended; Sian appointed interim deputy pending further capacity assessment; no substantive revocation or permanent deputy appointment until Special Visitor's report received.

Orders

  • Attorneys' authority to act under the LPA is suspended pursuant to section 23(2)(a) of the Mental Capacity Act 2005.
  • Sian is appointed as interim deputy for property and affairs.