C against M (Sheriff Court Civil) [2025] SCALL 29 (20 March 2025)

C against M (Sheriff Court Civil) [2025] SCALL 29 (20 March 2025)

Respondent breached fiduciary duties by misleading co-attorney about rental income, making unauthorised withdrawals and transfers for personal benefit, and failing to inform or obtain agreement from co-attorney; both attorneys failed to manage property with reasonable skill and care; revocation and audit are necessary and proportionate to safeguard adult's interests.

Citation
[2025] SCALL 29
Parties
Applicant: C; Respondent: M
Jurisdiction
Scotland
Judgment Date
20 March 2025
Procedural Posture
Summary Application (sheriff Court Civil) / Judgment After Proof
Outcome
Applicant's plea sustained; respondent's appointment as continuing attorney revoked; respondent ordered to submit accounts for audit; applicant's first crave refused; further hearing fixed for welfare attorney and supervision issues.
Legal Topics
Revocation of Power of Attorney, Fiduciary Breach, Management of Property for Incapacitated Adult, Audit of Attorney Accounts
Mental Capacity Trusts and Fiduciary Duties Property Law Revocation of Power of Attorney Fiduciary Breach Management of Property for Incapacitated Adult Audit of Attorney Accounts

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Parties

C

Applicant

M

Respondent

Procedural Posture

Summary Application (sheriff Court Civil) / Judgment After Proof

Legal Issues

  1. 1 Whether respondent breached fiduciary duties as continuing attorney
  2. 2 Whether respondent's appointment as continuing attorney should be revoked
  3. 3 Whether respondent should be ordered to submit accounts for audit

Ratio Decidendi

Respondent breached fiduciary duties by misleading co-attorney about rental income, making unauthorised withdrawals and transfers for personal benefit, and failing to inform or obtain agreement from co-attorney; both attorneys failed to manage property with reasonable skill and care; revocation and audit are necessary and proportionate to safeguard adult's interests.

Court Disposition

Applicant's plea sustained; respondent's appointment as continuing attorney revoked; respondent ordered to submit accounts for audit; applicant's first crave refused; further hearing fixed for welfare attorney and supervision issues.

Orders

  • Revocation of respondent's appointment as continuing attorney under s.20(2)(e)(ii) of the 2000 Act
  • Respondent to submit accounts from 15 June 2015 to date for audit to Public Guardian under s.20(2)(b) of the 2000 Act