Continue reading "Lasting powers of attorney: When lay means laissez faire"
TH v JH [2018] WTLR 693
Wills & Trusts Law Reports | Summer 2018 #172The applicant, TH, the donee of an enduring power of attorney for the property and affairs of his father, HH, applied for retrospective approval of payments and gifts made between 2011 and 2017 in the sums of £88,366 in favour of the applicant and his family, and £15,196 in favour of his brother JH, the first respondent, and his family. JH opposed approval of all sums save for £30,000.
HH lacked capacity and was unable to participate in any meaningful way in decisions about his welfare or property or affairs. He required constant care from August 2010. TH provided sporadic ...
Court Of Protection: Best interests
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Capacity: Size matters
Continue reading "Capacity: Size matters"
Re Treadwell (dec’d) [2013] EWHC 2409 (CoP)
Wills & Trusts Law Reports | October 2013 #133The public guardian made an application to enforce a security bond of £44,300 in respect of unauthorised gifts made by the late Mrs Joan Treadwell’s deputy for property and financial affairs, Colin Lutz, who was her son from her first marriage. She had five children in total all from her first marriage.
At the age of 58 in 1984 Mrs Treadwell married her third husband William Treadwell, who had two daughters of his own: Joanna Wildgoose and Emma Treadwell.
In 2005 Mrs Treadwell was diagnosed as having Alzheimer’s disease and entered a nursing home. Mr Lutz was ap...
Good Practice: Holding the purse strings
Continue reading "Good Practice: Holding the purse strings"
Re GM 11843118
Wills & Trusts Law Reports | June 2013 #130The applicants, GM’s deputies for property and affairs, sought retrospective approval of various gifts they had made from GM’s funds to themselves, their family and friends and also to several charities. Additionally, they sought retrospective approval of their purported deputyship expenses.
From GM’s estate, which amounted to just under £500,000 at the time of their appointment, it was found that the applicants had made gifts totalling £231,259.50, £55,856 and £48,396.50 of which were made respectively to themselves. £57,352 had been donated to nine charities.