Re SH [2016] EWCOP 2

WTLR Issue: May 2016 #159

THE PUBLIC GUARDIAN

V

1. RL

2. FJ

3. KLC

Analysis

SH, 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 2008, SH made a will leaving her entire estate to RL and appointing him to be her sole executor. SH was diagnosed as having dementia in August 2008 and the LPAs were registered with the Office of the Public Guardian (OPG) in September 2008 and January 2009.

Counsel details

Rebecca Stickler (No5 Chambers, Fountain Court, Steelhouse Lane, Birmingham B4 6DR, tel 0845 210 5555, e-mail info@no5.com), instructed by the Office of the Public Guardian (PO Box 16185, Birmingham B2 2WH, tel 0300 456 0300, e-mail customerservices@publicguardian.gsi.gov.uk), for the applicant.

The respondents appeared in person and were unrepresented.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Mental Capacity Act 2005, ss5, 16 and 22