The Public Guardian v RI provides welcome clarity of the criteria for determining capacity for the purposes of s22(2)(a) of the Mental Capacity Act 2005. Katharine Elliot explains Poole Jās judgment clarifies both the evidence which should be provided to the Court of Protection in determining a s22 MCA 2005 application and the relevant information …
Continue reading "Powers of attorney: Creating the bulletproof LPA"
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Wills & Trusts Law Reports | Autumn 2022 #188The court had to determine whether the donor (RD) under a lasting power of attorney for property and financial affairs executed in 2009 (the LPA) had had the capacity to execute it. RD had a learning disability and chronic schizophrenia for which he continued to receive treatment. The LPA was purportedly executed on 17 December 2009 by RD, who appointed his brothers (RI and RO) and his mother to be his attorneys. The LPA complied with the requisite formalities. At the time RD was living with his mother, but following her death in 2015 he was moved to a care home where he continued to liv...
