Re D [2016] EWCOP 35
September 2016 #162This was an appeal of an order allowing an applicant (I) for an order authorising her to execute a statutory will to be released from the obligation to serve the papers on someone entitled to a half share of the estate on intestacy and who would be disinherited if the statutory will was executed.
D was 30 and lived with his mother, I. D had cerebral palsy resulting from complications at birth and had been awarded damages of £3.1m in an action for clinical negligence. I was D’s deputy for property and affairs.
D’s father (F) had no contact with D for over 20 ye...
Re RM [2016] EWCOP 25 (Fam)
September 2016 #162In 2014 Roy and his wife had each executed a Lasting Power of Attorney (‘LPA’) for property and financial affairs in which they appointed their spouse, son (Philip), and daughter (Sue) jointly and severally to be their attorneys and an LPA for health and welfare in which they appointed Sue to be their sole attorney. Roy’s wife died in August 2015 following which the Office of the Public Guardian (‘OPG’) received a complaint about Sue’s conduct and opened a formal investigation. A Court of Protection (‘CoP’) general visitor visited both Roy ...
Re A [2016] EWCOP 3
May 2016 #159C wished to stand down as deputy for her aunt A, and a professional deputy be appointed in her place. The application was opposed by D, who was A’s nephew and C’s cousin.
A was 78 and was a member of a titled family. She suffered from schizophrenia and had undergone a frontal leucotomy in 1962. In 1959, A’s sister B had been appointed to be the committee of her person and of her estate. B subsequently became A’s receiver, and later her deputy for property and affairs. In 2012, B wished to stand down and for her daughter C to be appointed in her place. This ...
Re AMH [2015] EWCOP 70
May 2016 #159AMH was born on 31 October 1936. She lived with her husband in Greenwich until 1999, when they retired and moved to Kent. They had three children, Audrey, Kevin, and Robbie. Robbie died in 2005. Robbie’s son Rocky lived with AMH between 1990 and 2013, and was very close to her. AMH’s husband died in 2007. AMH suffered from Lewy Body dementia, chronic obstructive pulmonary disease and epilepsy, and lived in a nursing home in Westgate-on-Sea. Her care was funded by NHS Continuing Health Care.
On 18 March 2002, AMH and her husband made mirror wills in which they left thei...
Re KJP [2016] EWCOP 6
May 2016 #159This was an application for permission to appeal against a decision of District Judge Mort authorising the revocation of an enduring power of attorney (EPA) in respect of the property and affairs of K.
K executed the EPA on 17 July 2007 appointing his two children (the attorneys) to be his attorneys with general authority to act on his behalf in relation to his property and affairs.
On 2 May 2013, the attorneys applied to the Office of the Public Guardian to register the EPA. This application was not opposed and the EPA was duly registered on 18 June 2013. However, by March...
Re SH [2016] EWCOP 2
May 2016 #159SH, 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 H [2015] EWCOP 52
April 2016 #158H, who was stillborn, was diagnosed as autistic and had poor cognitive functioning and adaptive skills, almost unintelligible speech and limited communicative ability. An only child, now aged 26 years, she lived with her parents, F and M. On 6 August 2014 they applied to be appointed jointly and severally as H’s deputies for property and affairs and personal welfare. At the same time, they applied for the appointment of three successive deputies – A, B and C, all of whom were younger, female (two of them maternal aunts) and well known to H. On 6 January 2015 an order was made, on t...
Ross v A [2015] EWCOP 46
April 2016 #158A, who was 18 years old, had received £5,000,000 in settlement of a claim for clinical negligence which had left her with cerebral palsy, epilepsy, cortical blindness, severe intellectual impairment and extreme behavioural problems. She lived at home with her parents and siblings. A professional with 25 years’ experience, David Ross of Simpson Millar, Solicitors, was appointed by the Court of Protection as deputy for her property and affairs. B, who was A’s brother, had not progressed at primary school as well as he could have during the build up to the trial in the High Cour...
Re WP [2015] EWCOP 84
April 2016 #158The applicants (the attorneys) were joint attorneys of their parents WP (who had died in 2015) and EP (the parents) under enduring powers of attorney (EPAs). There was a further sibling, S, who was not an attorney. The EPAs were registered in October 2009. The parents had joint income in 2014/15 of £29,077 and expenditure of £21,256. This expenditure included unauthorised payments of £150 per month to each one of their children. Their sister S instigated an investigation by the Office of the Public Guardian, and the Public Guardian requested that the attorneys seek retrospective approval...