The Public Guardian v VT

The Public Guardian v VT

The attorney, VT, behaved in ways that contravened her authority and were not in the donor’s best interests, including failure to provide for the donor’s needs, evasion regarding finances, and insertion of an unlawful privacy clause. The LPA for property and financial affairs is revoked, its registration cancelled, and a deputy appointed.

Parties
Applicant: The Public Guardian; Respondent: VT
Jurisdiction
England and Wales
Judgment Date
10 December 2014
Procedural Posture
Court of Protection Application (revocation of Lpa) / Judgment After Contested Hearing
Outcome
LPA for property and financial affairs revoked; deputy appointed
Legal Topics
Revocation of Lasting Power of Attorney, Attorney's Duties to Account, Best Interests of Donor, Jurisdiction of Court of Protection
Mental Capacity Law Elder Law Equity and Trusts Revocation of Lasting Power of Attorney Attorney's Duties to Account Best Interests of Donor Jurisdiction of Court of Protection

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Parties

The Public Guardian

Applicant

VT

Respondent

Procedural Posture

Court of Protection Application (revocation of Lpa) / Judgment After Contested Hearing

Legal Issues

  1. 1 Whether the attorney (VT) behaved in a way that contravenes her authority or is not in the donor’s (PST’s) best interests
  2. 2 Whether the LPA for property and financial affairs should be revoked
  3. 3 Whether the privacy provision in the LPA is valid or contrary to public policy

Ratio Decidendi

The attorney, VT, behaved in ways that contravened her authority and were not in the donor’s best interests, including failure to provide for the donor’s needs, evasion regarding finances, and insertion of an unlawful privacy clause. The LPA for property and financial affairs is revoked, its registration cancelled, and a deputy appointed.

Court Disposition

LPA for property and financial affairs revoked; deputy appointed

Orders

  • LPA for property and financial affairs revoked
  • Public Guardian to cancel registration of the LPA