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Category

LPA cases - other

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
* LPA witnessed by attorney Re BGO: Office of the Public Guardian v PGO [2019] EWCOP 13"Some time later one of the financial institutions to which the registered property and affairs LPA was sent noticed that BGO’s signature on the instrument had been witnessed by one of the attorneys (MAB), which is contrary to the requirements of Regulations. ... The Public Guardian applied to the Court for a determination as to whether or not the requirements for creation of an LPA were met, and directions as to whether the Public Guardian should cancel the registration of the instrument. ... The wording of paragraph 18 of Schedule 1 is mandatory. Because the requirements of execution have not been met, I must direct the Public Guardian to cancel the registration of BGO’s LPAs. ... For many donors, the failure of their LPA because of a defect in execution can be overcome by the relatively simple step of granting fresh powers, taking care to ensure that the requirements are met – an irritation perhaps and an expense but not an insurmountable hurdle. However, that option is not open to BGO. Sadly, before this defect was identified, BGO’s capacity had deteriorated to the point where she is unable to execute fresh LPAs. ... In the absence of attorneys to manage her property and affairs, the Court may appoint a deputy or deputies. ... In respect of health and welfare, the Court may also appoint a deputy or deputies if considered appropriate, although it does so much more rarely. However, pursuant to section 20(5) of the Mental Capacity Act 2005, a deputy cannot be given powers to refuse consent to the carrying out or continuation of life-sustaining treatment. In her welfare instrument, BGO had ticked the box to confirm that she wanted to give her attorneys this power. On the failure of her LPA, there is no means for the Court to give effect to her wishes in this respect. ... The Respondents are invited to make an application for appointment as property and affairs deputies for BGO. ... If the Respondents, or any of them, seek the appointment of a welfare deputy or deputies for BGO, they should also file at Court within 28 days a COP24 statement which sets out any welfare issues which require decisions to be made, why (having regard to s5 of the Mental Capacity Act 2005) an order is needed and why (having regard to section 16(4) of the Act) the decisions should be taken by a deputy rather than the Court." 2019‑04‑25 22:04:21 2019 cases, Cases, Judgment available on Bailii, LPA cases - all, LPA cases - other


* LPA attorney as substituted personal representative Whittaker v Hancock & Ors [2018] EWHC 3478 (Ch)"The claimant has brought a claim under section 50 of the Administration of Justice Act 1985 to be appointed as substitute personal representative of the estate of John Parker in place of the second defendant, her mother, and for a caveat entered by the third defendant on 20 July 2016 to be removed. ... The third defendant is the deceased's daughter and opposes the claim. ... In a statement accompanying the Will, signed by the deceased and witnessed by a legal secretary the deceased explains that he has made no provision for the third defendant ... On 20 July 2016 the third defendant caused a caveat to be entered. She subsequently entered an appearance to the claimant's warning asserting that the 2003 Will may be invalid due to the deceased lacking testamentary capacity, being subject to undue influence and want of knowledge and approval. ... Mr Devereux-Cooke submits that I should make an order appointing the claimant as substitute personal representative for the second defendant. The claimant is the attorney for the second defendant, the LPA having been registered on 16 January 2014. The second defendant cannot consent to the claim as she lacks capacity. The first defendant does not oppose the claim. ... It is a general LPA in respect of property and financial affairs that is in wide terms enabling the claimant, as attorney, to make decisions about the second defendant's property and financial affairs. There are no conditions or restrictions specified in the instrument. ... It is also relevant that the second defendant is the sole beneficiary under the 2003 will. She is in a different position to a case where there are a number of beneficiaries. ... I accept Mr Devereux-Cooke's analysis that the claimant has standing to bring this claim under section 50. If I am wrong in my analysis I consider that the position could be remedied by adding the second defendant as a claimant and appointing the current claimant as her litigation friend. I also accept Mr Devereux-Cooke's analysis of rules 31 and 35 of the Non-Contentious Probate Rules 1987 and would have been prepared to treat the claim as including this as an alternative legal route, had it been necessary. ... I consider that in order for the deceased's estate to be administered it is necessary to substitute the claimant as personal representative in place of the second defendant." 2019‑02‑03 22:41:23 2018 cases, Cases, Judgment available on Bailii, LPA cases - other, Testamentary capacity cases


* LPA wording - euthanasia and multiple attorneys Public Guardian v DA [2018] EWCOP 26"This judgment concerns two test cases brought by the Public Guardian, by applications made under s.23 and Schedule 1 paragraph 11 of the Mental Capacity Act 2005, regarding the validity of words in lasting powers of attorney ('LPAs'). The first concerns words relating to euthanasia or assisted suicide, whereas the second concerns words as to the appointment of multiple attorneys. Although the substance of the issues to which the words are directed is very different in the two cases, there is considerable overlap in the legal argument, the active parties were the same in the two sets of proceedings (the Public Guardian and the Official Solicitor) represented by the same counsel, and it is convenient to consider both cases in one judgment." 2018‑10‑15 20:03:20 2018 cases, 39 Essex Chambers summary, Cases, E89, ICLR summary, Judgment available on Bailii, LPA cases - all, LPA cases - other, Transcript


Miles v The Public Guardian [2015] EWHC 2960 (Ch), [2015] MHLO 139 — "I have before me two appeals from decisions of Senior Judge Lush sitting in the Court of Protection, one in a case called Re Miles and one in a case called Re Beattie in both of which he was concerned with lasting powers of attorney either for property and financial affairs or for health and welfare matters. In each case the former power of attorney had been drafted by the same solicitor and contained provisions which the Judge was asked to rule on, as to whether they were effective." 2016‑10‑07 22:17:38 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re CMW: Public Guardian v AM [2015] EWCOP 86, [2015] MHLO 130 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and affairs. ... I am satisfied that Carla lacks capacity to revoke the LPA herself. ... I am also satisfied that the respondent has behaved in a way that contravenes his authority and is not in the donor's best interests. He has broken virtually every rule in the book and, having exhausted his mother's funds in order to meet his "life's requirements at that time", he blithely expects the taxpayers of Surrey to pick up the tab to meet his mother's care needs now. I have no hesitation in revoking the LPA and directing the Public Guardian to cancel its registration. I shall make a separate order appointing Michael Stirton as Carla's deputy for property and affairs." 2015‑12‑22 21:53:29 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re OL [2015] EWCOP 41, [2015] MHLO 114 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs because the attorneys have used their power carelessly and irresponsibly. I am satisfied that the attorneys have behaved in a way that contravenes their authority or is not in the donor's best interests. ... Their failure to keep accounts of the transactions carried out on the donor's behalf or to produce any record of her income and expenditure would alone be sufficient to warrant the revocation of their appointment. However, in this case both attorneys, and in particular DA, have compounded their culpability by taking colossal advantage of their position and obtaining personal benefits far in excess of the limited power that attorneys have to make gifts of the donor's property under section 12 of the Mental Capacity Act. DA has also failed to keep the donor's money and property interests separate from her own interests in respect of the property she owns in South Norwood. ... I propose to appoint a panel deputy and authorise them to take such steps as are necessary or expedient to restore OL's estate so far as possible to the position in which it would have been before the attorneys began acting so recklessly and irresponsibly. In view of the attorneys' conduct, I consider that a departure from the general rule as to costs in property and affairs proceedings is justified and shall make no order as to costs." 2015‑12‑21 23:23:11 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


XZ v The Public Guardian [2015] EWCOP 35, [2015] MHLO 98 — "This is an application regarding the effectiveness of some provisions contained in a Lasting Power of Attorney ('LPA') for property and financial affairs. It is not a type of application for which permission would normally be given for a judgment to be published. However, paragraph 16 of the Practice Guidance (Transparency in the Court Of Protection) [2014] EWHC B2 (COP), [2014] MHLO 5, says that "permission to publish a judgment should always be given whenever the judge concludes that publication would be in the public interest." I can't imagine that the general public would have the slightest interest in this judgment, but its publication may be of interest to professionals who specialise in this area of the law and draft LPAs on a regular basis, and also to people who are considering making an LPA themselves, and for this reason I shall permit its publication. ... XZ wants his attorneys to act only when he lacks capacity. In his LPA he has described in intricate detail the circumstances in which he can be identified as no longer having the capacity to make a relevant decision, whereupon his attorneys may make the decision on his behalf and in his best interests. ... XZ acknowledges that his LPA will be less effective because of these provisions but, nevertheless, he wishes them to remain as an integral part of the registered instrument for his own reassurance and peace of mind. Some people may think that this is unwise, but it is his will and preference and it should be treated with respect. The Public Guardian has no right to make a paternalistic judgment on his behalf and decide that it would be in his best interests for these provisions to be severed. ... The Public Guardian's function under paragraph 11 of Schedule 1 to the Act is limited to considering whether the conditions and restrictions are (a) ineffective as part of an LPA or (b) would prevent the instrument from operating as a valid LPA. ... I also order the Public Guardian to register the LPA." 2015‑11‑13 23:23:27 2015 cases, Brief summary, Judgment available on Bailii, LPA cases - all, LPA cases - other, Transcript


The Public Guardian v SR [2015] EWCOP 32, [2015] MHLO 96 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and affairs and directing him to cancel its registration." 2015‑11‑13 23:02:49 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re DWA [2015] EWCOP 72, [2015] MHLO 92 — "On 1 October 2014 I made an order on the papers revoking a Lasting Power of Attorney ('LPA') for property and financial affairs in respect of one of three attorneys because I was satisfied that the donor was incapable of revoking the appointment herself and that the attorney in question had behaved in a way that contravened her authority or was not in the donor's best interests. This is an application by the attorney whose appointment was revoked for me to reconsider that decision pursuant to rule 89 of the Court of Protection Rules 2007." 2015‑11‑12 18:45:20 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re AMH [2015] EWCOP 70, [2015] MHLO 90 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑11‑12 18:23:55 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re ARL [2015] EWCOP 55, [2015] MHLO 86 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑10‑31 20:50:26 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re EL: Public Guardian v CS [2015] EWCOP 30, [2015] MHLO 56 — "This is an application by the Public Guardian for an order revoking a Lasting Power of Attorney ('LPA') for property and financial affairs and directing him to cancel its registration." 2015‑07‑20 20:54:31 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re SM: Public Guardian v MO [2015] EWCOP 27, [2015] MHLO 54 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney ('LPA') for property and financial affairs." 2015‑07‑20 20:47:12 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re ID (Revocation of LPA) [2015] EWCOP 19, [2015] MHLO 28 — "This is an application by the Public Guardian for the revocation of a Lasting Power of Attorney." 2015‑03‑24 20:22:24 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re BN [2015] EWCOP 11, [2015] MHLO 22 — "This is an application under rule 89 of the Court of Protection Rules 2007 for me to reconsider an order I made on the papers. ... BN does not lack capacity to revoke the LPAs and, indeed, she has no wish to revoke them, so the court is powerless to intervene. ... CN acted in bad faith, was motivated by spite, and was unsuccessful. BN responded to the application by taking advice from her solicitors, who sensibly narrowed the matter down to a single issue. It would be unjust to expect BN to pay the legal costs she had to incur in order to resist such an unmeritorious application." 2015‑03‑24 17:34:53 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re GW [2015] EWCOP 9, [2015] MHLO 20 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs because the attorney has behaved in a way that contravenes his authority and is not in the donor's best interests." 2015‑03‑24 16:59:53 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re SB: Public Guardian v BB [2015] EWCOP 7 [2015] MHLO 15 — "This is an application to revoke a Lasting Power of Attorney for property and financial affairs because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests. It is also a contested application as to who should be appointed as SB's deputy for property and affairs in place of the attorneys." 2015‑02‑12 23:07:50 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re EG: Public Guardian v GB [2015] EWCOP 6, [2015] MHLO 14 — "This is an application by the Public Guardian to revoke a Lasting Power of Attorney for property and financial affairs ('LPA') because the attorneys have behaved in a way that contravenes their authority and is not in the donor's best interests." 2015‑02‑12 23:05:52 2015 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


The Public Guardian v VT [2014] EWCOP 52, [2014] MHLO 129 — This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs on the ground that the donee of the power has behaved in a way that contravenes her authority or is not in the donor's best interests. 2014‑12‑31 10:25:22 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


The Public Guardian v CT [2014] EWCOP 51, [2014] MHLO 128 — "This is the first occasion on which a respondent has sought an order for costs against the Public Guardian in respect of a safeguarding application regarding the respondent's conduct as the donee of a Lasting Power of Attorney." 2014‑12‑31 10:21:46 2014 cases, COP costs cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


The Public Guardian v Marvin [2014] EWCOP 47, [2014] MHLO 125 — "This is an application by the Public Guardian to revoke two Lasting Powers of Attorney – an LPA for property and financial affairs and an LPA for health and welfare. The attorney concedes that he has contravened his authority and failed to act in the donor's best interests in respect of the donor's property and affairs, and has no objection to court revoking the LPA for property and financial affairs. However, he does not consider that he has contravened his authority or failed to act in the donor's best interests with regard to the donor's health and welfare." 2014‑12‑30 23:28:30 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


The Public Guardian v AW (Application to revoke LPA) [2014] EWCOP 28, [2014] MHLO 116 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney ... Having regard to all the circumstances, therefore, I shall revoke AW's appointment as attorney because I am satisfied that: (a) OB lacks capacity to revoke the LPA herself; and (b) AW has contravened her authority by taking advantage of her position." 2014‑12‑30 21:14:04 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re PC: Public Guardian v AC [2014] EWCOP 41, [2014] MHLO 109 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney ('LPA') for property and financial affairs and to direct him to cancel its registration." 2014‑11‑06 23:05:38 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Public Guardian v Miles [2014] EWCOP 40, [2014] MHLO 105 — "This is an application by the Public Guardian for the court to determine the validity of a provision in a Lasting Power of Attorney... The question I am required to answer is whether the donor of an LPA can appoint more than one attorney to act jointly with survivorship by expressly re-appointing the continuing attorney or attorneys." 2014‑11‑04 21:37:45 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re JL (Revocation of LPA) [2014] EWCOP 36, [2014] MHLO 97 — "I am satisfied that (1) AS has behaved in a way that contravenes her authority and is not in JL's best interests, and (2) JL lacks capacity to revoke the LPA herself, and I shall revoke the LPA for her. With regard to the appointment of a deputy for property and affairs, I consider that it would be in JL's best interests to appoint the authorised officer for property and affairs deputyships of Essex County Council as her substantive deputy. He is already acting as her interim deputy by virtue of my order of 10 June 2014 and JL has expressed a preference that he should continue to manage her funds." 2014‑10‑09 23:03:50 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re DP: Public Guardian v John Marney [2014] EWCOP 7, [2014] MHLO 69 — "The Senior Judge concluded that JM was in breach of his fiduciary duties as an attorney and that he had "behaved in a way that has both contravened his authority and has not been in DP's best interests. ... At the end of the day the issue is really very simple. Why should JM be protected from the normal consequence of a judicial finding of misconduct, namely the identification of the wrongdoer in a published judgment? Nothing JM has said, or which could sensibly be put forward on his behalf, provides any reason why, looked at from his perspective, he should be spared the consequences of his misbehaviour. If publication of his identity and re-publication of the Senior Judge's findings, lowers JM in the estimation of right-thinking readers of the Daily Mail or other organs of the media, then so be it. He has only himself to blame. Why should JM be any more entitled to anonymity, just because the only judicial finding thus far has been made by the Court of Protection, than he would be if his self-same conduct was being considered in the Chancery Division or the Crown Court? ... In these circumstances, and with all respect to the Senior Judge, the balance comes down heavily and decisively in favour of the public being told who JM is; in favour of the Daily Mail and others being free to identify him as the person referred to by the Senior Judge in his judgment. JM is John Marney." 2014‑08‑01 11:13:26 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re VH (Revocation of Lasting Power of Attorney) [2014] EWCOP 15, [2014] MHLO 63 — "This is an application by the Public Guardian to revoke and cancel the registration of a Lasting Power of Attorney for property and financial affairs. ... Because of DH's lack of credibility, his inexperience in assessing capacity, his vested interest in the outcome, and because of the complicated nature and effect of the particular transaction that he required VH to enter into, I prefer the Special Visitor's opinion that she probably lacked capacity to DH's bold assertion that his mother 'fully understood what she was doing' when she entered into the mortgage and handed over to him the money that had been advanced by Barclays Bank. I am not satisfied that on 21 October 2011 VH had the capacity to enter into the transaction, which not only severely depleted her capital but also had adverse impact on her income, and I am not prepared retrospectively to approve the gift because it was neither reasonable nor affordable. VH may need these funds in future to pay for her care, either in her own home or in a residential care home or nursing home. I am satisfied that VH lacks the capacity to revoke the LPA and that DH has behaved in a way that has both contravened his very limited authority to make gifts under section 12 of the Mental Capacity Act 2005 and has not been in VH's best interests. Accordingly, I revoke the LPA and direct the Public Guardian to cancel its registration." 2014‑08‑01 10:35:31 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


LB Redbridge v G (No 5) [2014] EWCOP 17, [2014] MHLO 53 — (1) Best interests: "I have to conclude that it is not in G's best interests to have C and F [who had insinuated themselves into her home as carers] remaining in her home. I weigh against her expressed wishes and feelings the detrimental effect that C's manipulative and intimidating behaviour has already had on G's emotional well-being and mental capacity, the isolation, the fear and the fact that it is C's behaviour, assisted by F who has supported her throughout, that has caused these proceedings and the gross intrusion into G's life that this case and the additional media attention have brought. It is intended that G should now be allowed to be at peace in her own home as she wants." (2) Residence: "I have already made an order that C and F are to leave the house. The couple have never had any right to reside there in any event there except as permitted by G. G lacks the capacity to decide who she has contact with so that permission is no longer a valid reason for C or F to remain. ... I consider that I have powers under s 17 to make the order I have that C and F vacate G's home..." (3) LPA: "As I have concluded that it is not in G's best interests for C to remain in her home, then it follows that it is not in G's best interests for C to be her appointed health and welfare Attorney. ... On the findings I have made ... it is more likely than not that C used undue pressure. ... I revoke the LPA..." (4) Contact: "I cannot find any benefit for G in having any direct or indirect contact with C or F either now or in the future." 2014‑07‑28 13:36:29 2014 cases, 39 Essex Street summary, Judgment available on Bailii, LPA cases - all, LPA cases - other, Other capacity cases, Transcript


The Public Guardian v JW [2014] EWCOP B24 , [2014] MHLO 34 (COP) — "In his application to the court, the Public Guardian sought two orders. The first was for the revocation of the LPA and the second was for the appointment of a panel deputy." 2014‑06‑08 00:44:42 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re MRJ (Reconsideration of Order) [2014] EWCOP B15, [2014] MHLO 27 — "This is an application to reconsider an order I made on 27 September 2013: (a) suspending the applicants from acting as MRJ's attorneys under a Lasting Power of Attorney ('LPA') for property and financial affairs until further order; and (b) appointing the authorised officer of Suffolk County Council as MRJ's interim deputy with instructions to investigate the applicants' management of her finances. ... In my judgment, the revocation of the LPA is in MRJ's best interests. It is in accordance with the law, and it is a necessary and proportionate response for the prevention of crime and for the protection of MRJ's right to have her financial affairs managed competently, honestly and for her benefit." 2014‑05‑10 14:35:10 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re DP (Revocation of LPA): OPG v John Marney [2014] EWHC B4 (COP), [2014] MHLO 8 — "Having regard to all the circumstances, therefore, I am satisfied that JM has behaved in a way that has both contravened his authority and has not been in DP's best interests. Accordingly, I revoke the LPA under section 22(4)(b) of the Mental Capacity Act 2005 and direct the Public Guardian to cancel the registration of the instrument under paragraph 18 of Schedule 1 to the Act. I also direct that a member of the panel of deputies be invited to make an application to be appointed as deputy to manage DP's property and affairs." 2014‑03‑04 15:21:05 2014 cases, Judgment available on Bailii, LPA cases - all, LPA cases - other, No summary, Transcript


Re Buckley: The Public Guardian v C [2013] EWHC 2965 (COP), [2013] MHLO 13 — "This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney (‘LPA’) and to direct him to cancel the registration of the LPA. ... Having regard to all the circumstances, therefore, I am satisfied that: (a) the attorney has contravened her authority and acted in a way that is not in Miss Buckley’s best interests; (b) Miss Buckley is incapable of revoking the LPA herself; (c) the revocation of the LPA in order to facilitate the appointment of a deputy is both a necessary and proportionate response for the protection of Miss Buckley’s right to have her financial affairs managed competently, honestly and for her benefit, and for the prevention of crime; and (d) it is in Miss Buckley’s best interests that the court should revoke the LPA." 2013‑03‑26 21:27:53 2013 cases, LPA cases - all, LPA cases - other, No summary, Transcript


Re Harcourt [2012] MHLO 74 (LPA) — "This application relates to an investigation by the Office of the Public Guardian into the management of Mrs Harcourt’s property and financial affairs by her daughter under a Lasting Power of Attorney. It considers the powers of the OPG and the Court of Protection when an attorney impedes an investigation and the circumstances in which the court may revoke an LPA." 2012‑08‑16 22:13:15 2012 cases, Brief summary, LPA cases - all, LPA cases - other, Transcript


Re J (2010) COP 6/12/10Under MCA 2005 s22(3) ('Powers of court in relation to validity of lasting powers of attorney') the court can consider any past behaviour or apparent prospective behaviour by the attorney (not just behaviour as P's attorney); depending on the circumstances and gravity of any offending behaviour found, it can then take whatever steps it regards as appropriate in P’s best interests (this only arising if P lacks capacity) whether by revoking the power or by taking some other course. 2011‑01‑22 23:30:24 2010 cases, Brief summary, LPA cases - all, LPA cases - other, Transcript


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