The Public Guardian v RI & ors [2022] WTLR 1133
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...
Re P [2022] WTLR 251
Spring 2022 #186A mother, D, acting as litigation friend for her 11-year-old son, C, sought a declaration that the son’s father, P, was presumed to be dead. D and P were partners who cohabited and raised C together, but were never married nor in a civil partnership. In April 2011 P flew to South America with his friend G to enjoy a holiday. P kept in regular contact with D until his communications abruptly ceased while he was in Lima, Peru. P’s last known communication was a text message sent to D on 16 May 2011. G also ceased to communicate with his loved ones. Neither P nor G had been seen or heard fr...