Topic: Lasting Powers Of Attorney

Re Various Incapacitated Persons
 [2018] WTLR 1511

The court was asked to consider the applications, made on behalf of 36 incapacitated persons, to appoint a trust corporation as their property and affairs deputy. There was currently no agreed system through which the court could know that any particular trust corporation was suitable to be appointed as deputy, nor a ‘panel’ of approved trust corporations.

The following questions arose:

1. A. Could a trust corporation lawfully act as a deputy?
2. B. How could a trust corporation satisfy the court that it was appropriate for it to act as deputy?
3. C. How shou...

Re SH [2016] EWCOP 2

SH, who was aged 93, lived with her granddaughter, FJ, in Walthamstow. She had three sons, two of whom, RL and KLC, also lived in London. In April 2002, RL paid the entire purchase price for his mother’s flat and, by a trust deed, SH acknowledged that he was the beneficial owner subject to her right to live there for as long as she wished on payment of all outgoings. Six years later, on 23 April 2008, SH made two lasting powers of attorney (LPAs), one for property and affairs and one for personal welfare, whereby she appointed RL to be her sole attorney. Subsequently, on 17 July 20...

Re Miles; The Public Guardian v Miles & ors [2014] EWCOP 40

This was an application by the Public Guardian for the court to determine the validity of provisions in two lasting powers of attorney, one for property and affairs and one for health and welfare (the LPAs). The LPAs were made by by Mrs Miles on 27 November 2013. A solicitor called Mr Satchell drew them up.

Under the LPAs Mrs Miles appointed her husband and daughter as her attorneys under both powers; appointed her son as her replacement attorney; directed that her attorneys act jointly for some decisions and jointly and severally for others; selected option A in the health and we...

Re Boff 12338771

On 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 Buckley 12228697

Miss 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...