Re GW; London Borough of Haringey v CM Neutral citation: [2014] EWCOP B23
December 2014 #145GW was diagnosed with late onset Alzheimer’s dementia in 2009. He had lost contact with his sons who apparently live in Australia and only had contact with one niece, CM. GW was sectioned under the Mental Health Act 1983 three times and was hospitalised in January 2013 before ultimately being placed in a residential care home. Whilst still in hospital, a safeguarding alert was raised by nursing staff for financial exploitation on the basis of disclosures made by GW about his finances, which suggested that his niece, CM, was withdrawing monies from his bank account without ...
Re OB, The Public Guardian v AW & anr Neutral citation: [2014] EWCOP 28
December 2014 #145OB, who was born in 1916, was a widow with two adult children, AW and DH. She lived in her own home until February 2007 and thereafter with AW. On 15 September 2008, OB executed a lasting power of attorney (LPA) for property affairs, appointing AW and DH jointly and severally as her attorneys. OB’s property was sold on 15 June 2010 and realised net proceeds of £376,200. The LPA was registered by the Office of the Public Guardian (OPG) on 4 March 2011. Subsequently, DH expressed concerns that long standing ‘pocket money’ payments by OB to her grandchildren had been stopp...
Re AB (Revocation of Enduring Power of Attorney) [2014] EWCOP 12
October 2014 #143AB 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...
Re MRJ, JT and KT v Suffolk County Council & anr Case no: 12256266
September 2014 #142MRJ was born in 1932 and formally diagnosed with dementia in March 2009. In December 2011 her psychiatrist confirmed she had no capacity. Prior to moving into a care home at Christmas 2013 she had lived in sheltered accommodation.
On 3 March 2010 MRJ signed both a health and welfare and financial lasting powers of attorney appointing JT (her daughter) and KT (her grandson and JT’s son) jointly and severally. The attorneys applied to register the LPAs and the health and welfare LPA was registered on 11 June 2010.
There were technical defects with the financial LPA wh...
Re DP, The Public Guardian v JM Case no: 12351387
July/August 2014 #141DP was born in 1925, was an only child, and had worked for thirty nine years for the BBC World Service at Bush House, the Aldwych, London, WC2. She was the donor of a lasting power of attorney (LPA) in favour of JM which had been registered on 20 February 2012. JM had known DP since 2006 and was formerly her gardener. The public guardian applied for an order under s22(4)b Mental Capacity Act
2005 revoking the LPA.
Held
The only evidence in respect of DP’s capacity came from a visitor, who opined in her report dated 28 March 2013 that DP did not have ...
Re Boff 12338771
October 2013 #133On 9 September 2012, the first respondent (Dr Boff) executed a lasting power of attorney for property and financial affairs, in which she appointed her husband to be her sole attorney, and then attempted to appoint three replacement attorneys in order of succession. Dr Boff’s husband, the second respondent (Mr Boff), executed a virtually identical LPA on the same day and they applied to the Office of the Public Guardian (the OPG) to register the instruments.
On 7 November 2012, the OPG wrote to Dr Boff’s solicitors stating that they were unable to register the LPAs on ...
Re GM 11843118
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.
Re M 12268561
May 2013 #129M was 70, lived in London and was a successful lawyer and businessman. He suffered a heart attack and then a stroke in December 2012 while abroad on business. This led to M becoming mentally incapacitated although this was not likely to be permanent. N made an application to the court to be appointed as M’s deputy. N was M’s good friend, he lived abroad and was a successful businessman. He had worked with M for many years and had assisted M for some time with the management of his business and financial affairs. N was appointed to act for M under a general power of attorney e...
Re Buckley 12228697
April 2013 #128Miss Buckley executed an LPA on 7 September 2010, appointing her niece, C, as her sole attorney for property and affairs. The LPA was registered on 17 January 2011.
On 20 April 2012, the Office of the Public Guardian (OPG) received a complaint about the attorney’s handling of Miss Buckley’s finances and initiated a formal investigation. The OPG instructed a Court of Protection General Visitor to see Miss Buckley, following which, on 23 October 2012, interim orders were made by the court for suspension of the LPA and other protective measures in relation t...
Re Harcourt MHLO 74 (LPA)
December 2012 #125On 15 June 2009, Mrs Harcourt executed a lasting power of attorney (LPA) for property and affairs in which she appointed her daughter (A) to be her sole attorney. The LPA was registered with the Office of the Public Guardian (OPG) on 13 August 2009. In July 2011 the manager of Mrs Harcourt’s care home contacted the local county council expressing concerns that A had not paid Mrs Harcourt’s care home fees and that she gave her very little pocket money. The manager also expressed concerns regarding loans and credit cards which had recently been taken out in Mrs Harcourt’s...