Re SF [2015] EWCOP 68
March 2016 #157Sheila was born on 8 April 1928. She and her husband retired to Powys in the late 1980s. Ronald died in 1998. Sheila’s health began to deteriorate. For many years she resided in a care home, but moved to a nursing home in Herefordshire in 2013 due to her increased care needs. She had one son, Martin, who was retired.
In 2004, Sheila signed an EPA appointing Martin to be her sole attorney. On 9 July 2009, Martin applied to the Office of the Public Guardian (OPG) to register the EPA, having given notice of his intention to do so to Sheila and her four brothers. There were no o...
Re H [2015] EWCOP 52
December 2015 #155This was an application to appoint successive deputies for a young woman aged 26, ‘H’. Section 19(5) Mental Capacity Act authorises the appointment of successive deputies.
H was an only child and lived with her parents F and M, both of whom were in their 50s. H was diagnosed autistic when she was five, and her cognitive function and adaptive skills were in the extremely low range. She had very limited communication skills.
In August 2014, her parents applied to be joint and several deputies for property and affairs and personal welfare. They also applie...
Re Paw [2015] EWCOP 57
December 2015 #155This was the application by ARW for an order appointing himself and two others, SJ and BQ, jointly to be deputies for property and financial affairs of his wife PAW who was unable to make decisions relating to her property. SJ and BQ were relatives of PAW who were close to her. ARW’s health had deteriorated since the application had been made and he was suffering from dementia.
The application was opposed by IW, one of ARW and PAW’s sons. IW objected to ARW being a deputy on the basis that he could not remember continuity of facts. IW objected to SJ on the basis sh...
Re ARL [2015] EWCOP 55
November 2015 #154This was an application by the public guardian (OPG) for the revocation of a lasting power of attorney (LPA) for property and financial affairs.
ARL was born in 1929 and has resided in a nursing home since 5 September 2012. On 23 August 2012 she executed an LPA for property and financial affairs, appointing her adopted son (ICL) and her adopted daughter (JJT) jointly and severally as her attorneys. The LPA was registered on 30 October 2012.
On 18 July 2014, concerns were raised with the OPG regarding ICL’s management of ARL’s property and financial affairs. The ...
Re XZ [2015] EWCOP 35
November 2015 #154XZ was a high-net-worth individual with properties in several countries. On 4 December 2013 he executed a lasting power of attorney (LPA) for property and financial affairs, by which he appointed three attorneys. They were to act jointly in relation to all decisions in connection with the sale and purchase of any real estate and the sale or purchase of any other asset with a value in excess of CDN $3m. Otherwise they were to act jointly and severally in relation to all other decisions. The LPA had been carefully drafted with the assistance of Speechly Bircham, Solicitors. In particular, ...
Public Guardian v CT & EY [2014] EWCOP 51
October 2015 # 153CT was born in 1929. He has a wife and two children: a son and a daughter (EY).
On 19 May 2013, CT suffered a stroke, which resulted in left hemiplegia and impaired vision. He was admitted to hospital where he was diagnosed as having vascular dementia.His stroke precipitated a rift within his family, with CT and his daughter aligned on one side and his wife and son on the other.
On 18 June 2013, CT executed a lasting power of attorney (LPA) for property and affairs appointing EY as his attorney and another person as a replacement attorney and named nobody to be given notice...
Public Guardian v SR & NC [2015] EWCOP 32 (Fam)
July/August 2015 #151MC was born on 8 October 1937. Her husband died in 2004. She had two children: a son (NC) and a daughter (SR) aged 54 and 49 respectively.
On 12 June 2009, MC executed a lasting power of attorney (LPA) for property and affairs appointing NC and SR jointly and severally as her attorneys. The LPA was registered on 24 September 2009.
In October 2011, MC made a will leaving 95% of her estate to SR and the remaining 5% to NC. In March 2013, SR placed MC’s house on the market. NC suspected that SR was mismanaging MC’s affairs and on 22 April 2013 entered a restriction...
Julia Lomas v AK (Gift Application) [2014] EWCOP B11
June 2015 #150This was an application by the deputy of an 11 year-old boy (AK) for a gift of £150,000 to be made by him to his parents from the damages awarded to AK under a settlement of a clinical negligence claim brought by his mother acting as his litigation friend against the local NHS Trust in 2009.
AK was born in October 2002 and suffers from cerebral palsy as a result of a prolonged period of hypoxia at the time of his birth. In 2009, the High Court approved a settlement in his favour of the clinical negligence claim. The settlement included a lump sum payment of £1,050,000 plus the fol...
Re PC; Public Guardian v AC & JC [2014] EWCOP 41
April 2015 #148PC was born in 1936. She suffered from vascular dementia and Alzheimer’s disease. In June 2009, she had executed an LPA for property and affairs, appointing her sons, AC and JC, as her attorneys jointly and severally. The LPA was registered on 12 August 2009. In June 2013, an application to the Court of Protection was made by the Public Guardian (OPG) for an order revoking the LPA, and directing them to account to the OPG for their dealings under the LPA. The OPG had been informed that the attorneys had not been paying their mother’s care fees and that arrears had accumulated...
Re Miles; The Public Guardian v Miles & ors [2014] EWCOP 40
March 2015 #147This 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...