VX v KX & Ors

The breakdown in the relationship between SX's attorneys prevents proper consultation and best interests decision-making, justifying revocation of lasting powers of attorney for health and welfare under the Mental Capacity Act 2005.

Parties: Applicant: VX; Respondent: KX; Respondent: AX; Respondent: SX; Respondent: Coventry City Council
Jurisdiction: England and Wales
Judgment Date: 02 June 2025
Procedural Posture: Court of Protection / Judgment Following Directions Hearing
Outcome: Revocation of lasting powers of attorney for health and welfare in favour of VX, BM, and MS; property and affairs powers of attorney for AX and KX not revoked at this stage.
Legal Topics: Revocation of Lasting Power of Attorney, Best Interests Decision Making, Breakdown of Attorney Relationships

Mental Capacity Elder Law Revocation of Lasting Power of Attorney Best Interests Decision Making Breakdown of Attorney Relationships

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

Applicant

Respondent

Coventry City Council

Respondent

Procedural Posture

Court of Protection / Judgment Following Directions Hearing

Legal Issues

1 Whether lasting powers of attorney for health and welfare should be revoked due to breakdown in attorney relationships and failure to act in best interests

Ratio Decidendi

Court Disposition

Revocation of lasting powers of attorney for health and welfare in favour of VX, BM, and MS; property and affairs powers of attorney for AX and KX not revoked at this stage.

Orders

Revocation of lasting powers of attorney for health and welfare executed by SX in favour of VX, BM, and MS.
AX and KX to disclaim property and affairs powers of attorney at first opportunity; failing which, court will revoke.