Lasting powers of attorney: Engaging override

Francesca Gardner looks at the first case to be reported from the Court of Protection on whether a power should be registered when the attorneys are at odds The court was clear in its assessment that KC’s daughters, as a result of the acrimony between them, would not be able to effectively consult one another …
This post is only available to members.

LCR v SC & ors [2021] WTLR 229

Wills & Trusts Law Reports | Spring 2021 #182

An 85-year-old woman (KC) executed two lasting powers of attorney (LPAs), one for the management of her property and affairs, and the other for welfare decision-making. She had been assessed, eight days prior to execution of the LPAs, by a specialist mental health practitioner as having capacity to execute the LPAs notwithstanding a diagnosis of Alzheimer’s Dementia. Both LPAs appointed all four of KC’s daughters as her attorneys. One daughter (LCR) declined to execute the LPAs, maintaining at the time that KC lacked the requisite capacity to grant the LPAs.

LCR issued an applicat...

Powers Of Attorney: Taken to task

Iain Managhan offers an update on recent revocation of power of attorney cases ‘It is clear… that certain considerations need to be discussed with the donor. Raising these potential problems and asking the donors to consider the possibility of such outcomes should minimise the likelihood of appointing people who may be unsuitable.’There have been a …
This post is only available to members.

Re ARL [2015] EWCOP 55

Wills & Trusts Law Reports | November 2015 #154

This was an application by the public guardian (OPG) for the revocation of a lasting power of attorney (LPA) for property and financial affairs.

ARL was born in 1929 and has resided in a nursing home since 5 September 2012. On 23 August 2012 she executed an LPA for property and financial affairs, appointing her adopted son (ICL) and her adopted daughter (JJT) jointly and severally as her attorneys. The LPA was registered on 30 October 2012.

On 18 July 2014, concerns were raised with the OPG regarding ICL’s management of ARL’s property and financial affairs. The ...

Public Guardian v SR & NC [2015] EWCOP 32 (Fam)

Wills & Trusts Law Reports | July/August 2015 #151

MC was born on 8 October 1937. Her husband died in 2004. She had two children: a son (NC) and a daughter (SR) aged 54 and 49 respectively.

On 12 June 2009, MC executed a lasting power of attorney (LPA) for property and affairs appointing NC and SR jointly and severally as her attorneys. The LPA was registered on 24 September 2009.

In October 2011, MC made a will leaving 95% of her estate to SR and the remaining 5% to NC. In March 2013, SR placed MC’s house on the market. NC suspected that SR was mismanaging MC’s affairs and on 22 April 2013 entered a restriction...