C 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 ...
This 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...
This judgment was supplemental to an earlier judgment of Charles J in this case delivered last year ([2015] EWCOP 87). PJV suffered significant cognitive and behaviour problems as a result of non-accidental head injuries he experienced as a baby. His mother made a claim under the Criminal Injuries Compensation Scheme (CICS) for an award in respect of this injury. PJV lacked capacity under the Mental Capacity Act 2005 to litigation or to accept an award from the Criminal Injuries Compensation Authority (CICA). It was determined that the award would be held for PJV on trust as a c...
The 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...
This 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...
This 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 ...
OL was born on 15 November 1937. Her husband died in 1993. She had three children: an elder son (ES) who is 53, a daughter (DA) aged 51 and a younger son (YS) aged 48.
OL used to live in a maisonette in Stockwell, London. In 2010, DA moved in with OL ostensibly to look after her. In 2011, OL was diagnosed with vascular dementia and on 17 July 2013 she suffered a stroke. According to ES, OL scored 8 out of 30 on a mini mental state examination on 21 August 2013, suggesting that she had severe cognitive impairment at that time.
On 19 October 2013, OL executed a lasting power ...
XZ 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, ...
CT 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...
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