The Public Guardian’s Severance Applications [2017] WTLR 1145

Wills & Trusts Law Reports | Autumn 2017 #169

The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19.

Held:

  1. 1) As to MC, the donor at s7 of the LPA had instructed that ‘Any financial decisions up to the value of £150.00 c...

Re RM [2016] EWCOP 25 (Fam)

Wills & Trusts Law Reports | September 2016 #162

In 2014 Roy and his wife had each executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs in which they appointed their spouse, son (Philip), and daughter (Sue) jointly and severally to be their attorneys and an LPA for health and welfare in which they appointed Sue to be their sole attorney. Roy’s wife died in August 2015 following which the Office of the Public Guardian (‘OPG’) received a complaint about Sue’s conduct and opened a formal investigation. A Court of Protection (‘CoP’) general visitor visited both Roy ...

Re AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12

Wills & Trusts Law Reports | October 2014 #143

AB was born in 1932, resides in a care home and has dementia. In June 2007 she signed an EPA appointing her nephews MD and WD to be her attorneys on a joint and several basis. In September 2007 the EPA was registered.

In March 2007 MD and WD bought a property for AB to live in. They charged her rent for the six months that she lived there and she also paid the refurbishment costs of the work carried out by MD.

In January 2013 Brent Council wrote to the OPG expressing concerns about arrears of £23,000 in care home fees.

An investigation by the OPG showed that in Fe...