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."

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