Re JBN [2019] EWCOP 62

WTLR Issue: Summer 2020

In the matter of: JBN

THE PUBLIC GUARDIAN

V

DJN

Analysis

The Public Guardian applied to revoke a lasting power of attorney (LPA) for property and affairs appointing DN as attorney for his father, JN. The application was brought on the basis that the Public Guardian was concerned that DN had not acted in JN’s best interests by selling JN’s residence and transferring most of the proceeds to himself (DN), and by mixing their finances by operating a joint account.

Counsel details

Barbara Rich (5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com), instructed by the Public Guardian (PO Box 16185, Birmingham B2 2WH, tel 0300 456 0300, e-mail customerservices@publicguardian.gov.uk) appeared on behalf of the claimant.

Helen Galley (XXIV Old Buildings, Lincoln’s Inn, London WC2A 3UP, tel 020 7691 2424, e-mail clerks@xxiv.co.uk), instructed by Gordons (Winter Hill House, Marlow Reach, Station Approach, Marlow SL7 1NT, tel 01628 487487, email enquiries@gordons-law.co.uk) appeared on behalf of the defendant.

Cases referenced

Cases in bold have further reading - click to view.

  • D v R and S [2012] CoPLR 154
  • G v E (Costs) [2011] 1 FLR 1566 London Borough of Hillingdon v Neary [2011] EWHC 3522 (Fam)
  • Manchester City Council v G and F [2014] WTLR 449
  • Re Cathcart [1893] 1 Ch 466

Legislation referenced

Legislation in bold has further reading - click to view.

  • Court of Protection Rules 2017 rr1.4, 19.2, 19.5
  • Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2017 Regs 43 and 46
  • Mental Capacity Act 2005 ss51, 55, 58