Category

EPA cases - other

Case and summary Date added Categories
R v Kurtz [2018] EWCA Crim 2743 — "The Registrar of Criminal Appeals has referred this application for permission to appeal against conviction and sentence to the Full Court. The application concerns the scope of the offence created by s 44(2) read, in this case, with s 44(1)(b) of the Mental Capacity Act 2005 ('MCA 2005) of which the Appellant was convicted. This provision has not previously been considered by the Court of Appeal. ... The essential question at the heart of this appeal is whether, on a prosecution for the offence contrary to s 44(2) read with s 44(1)(b), the prosecution must prove that the person said to have been wilfully neglected or ill-treated lacked capacity, or that the defendant reasonably believed that s/he lacked capacity. We shall refer to this as 'the lack of capacity requirement'. ... The submission by Ms Wade QC on behalf of the Appellant was that the existence of the EPA was not sufficient of itself to render the Appellant guilty of the offence contrary to s 44(1)(b) of the MCA 2005 even if she had wilfully neglected her mother. ... Despite our comments in [19] above as to the evidence which suggests that, at a minimum, the Appellant should reasonably have believed her mother to lack mental capacity in matters of personal welfare, the judge's failure to direct the jury in this regard is fatal to the safety of the conviction and the appeal must be allowed." 2018‑12‑10 22:06:13 2018 cases, Cases, EPA cases - all, EPA cases - other, ICLR summary, Judgment available on Bailii, No summary, Transcript


Re WP (deceased) and EP [2015] EWCOP 84, [2015] MHLO 129 — "This is an application by two attorneys acting jointly under two separate Enduring Powers of Attorney for the retrospective approval of monthly payments of £150 each that they have made to themselves and to their sister from the donors' funds. ... This application is a composite claim for the payment of an allowance of £150 per month to each attorney in respect of three distinct heads of claim, and I shall deal with these heads of claim in the following order: (1) travelling expenses; (2) remuneration for acting as attorneys; and (3) a 'gratuitous' care allowance. I would prefer not to be cornered into approving any particular mileage rate. If the Public Guardian wishes to give guidance on such matters, that's up to him. What I shall say is simply by way of general observation. ... In my judgment, the business mileage rates quoted by HMRC [45 pence for every business mile for the first 10,000 miles and 25 pence for every business mile thereafter] should be substantially discounted to reflect the fact that these are not 'business' rates but domestic rates. When dealing with the affairs of an elderly and incapacitated relative, attorneys are generally expected to act out of common decency and not to profit from their position. ... I do not propose to allow them any specific remuneration for the actual management of their parents' property and financial affairs. ... I am satisfied in Theresa's case that the care support she provides and the travelling expenses she incurs merit the payment of a sum of £150 a month from her parents' funds. Stephen does slightly less than his sister Theresa in terms of care support, but has to travel a greater distance to perform these functions and, on balance, I am satisfied that he too should continue to pay himself a composite allowance of £150 a month in respect of travelling expenses and care support." 2015‑12‑22 21:50:32 2015 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re P [2015] EWCOP 37, [2015] MHLO 111 — "This is an application by the Public Guardian for an order revoking an Enduring Power of Attorney ('EPA') on the grounds that, having regard to all the circumstances, H is unsuitable to be his wife's attorney. ... Therefore, having regard to all the circumstances, I am satisfied that H is unsuitable to be P's attorney and I shall by order revoke the EPA. I shall also make a separate order appointing S and D jointly and severally to be P's deputies for property and affairs." 2015‑12‑21 23:04:05 2015 cases, Deputyship cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re SF [2015] EWCOP 68, [2015] MHLO 84 — "This is an application by the Public Guardian for the court to revoke an Enduring Power of Attorney ('EPA') and to direct him to cancel its registration." 2015‑10‑31 20:40:13 2015 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re RG [2015] EWCOP 66, [2015] MHLO 82 — "This is an application by Northamptonshire County Council for the court to revoke an Enduring Power of Attorney ('EPA') and to appoint a professional deputy to manage the donor's property and affairs in place of the attorney." 2015‑10‑31 20:36:37 2015 cases, Deputyship cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re ED: Public Guardian v JD [2015] EWCOP 26, [2015] MHLO 53 — "This is an application by the Public Guardian to revoke an Enduring Power of Attorney." 2015‑07‑20 20:39:32 2015 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re DT: Public Guardian v IT [2015] EWCOP 10, [2015] MHLO 21 — "This is an application by the Public Guardian to revoke and cancel the registration of an Enduring Power of Attorney. It is unusual for me to dismiss an application by the Public Guardian, but on this occasion I am not satisfied that the order he is seeking: (a) is proportionate; (b) is less restrictive in terms of DT's rights and freedom of action; (c) respects DT's rights, will and preferences; (d) warrants public interference in his private and family life; or (e) is in his best interests." 2015‑03‑24 17:17:28 2015 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re F [2004] EWHC 725 (Ch) — "This is an appeal from the refusal of Master Lush, the Master of the Court of Protection, to register an enduring power of attorney dated 10th July 2000 which was made by the donor (Mrs F) in favour of her son (Mr A). The Master upheld an objection to registration on grounds of the unsuitability of Mr A to be the donor's attorney, which was lodged by his sister (Mrs B)." 2015‑03‑24 17:09:47 2004 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re RG: Public Guardian v PB [2015] EWCOP 2, [2015] MHLO 6 — "This is an application for the court to reconsider an order made on the papers, partially revoking an enduring power of attorney." 2015‑01‑30 10:00:31 2015 cases, EPA cases - all, EPA cases - other, No summary, Transcript


Re AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12, [2014] MHLO 55 — "This is an application for the court to revoke an Enduring Power of Attorney on the ground that, having regard to all the circumstances, the attorneys are unsuitable to be the donor's attorneys. ... MD and WD have breached their fiduciary duties in several ways and in the circumstances I am satisfied that they are unsuitable to be AB's attorneys, and I shall revoke the EPA. As far as the choice of deputy is concerned, the appointment of an independent professional deputy or panel deputy would be disproportionate. What is left of AB's estate would rapidly be eroded by the professional deputies' costs. I agree with Miss Cooper that Brent Council is best placed to act as deputy, as AB is in a residential care home and the Council is already funding the lion's share of her care fees." 2014‑07‑28 13:54:59 2014 cases, 39 Essex Street summary, EPA cases - all, EPA cases - other, Transcript