SAD & Anr v SED
 [2017] EWCOP 3

WTLR Issue: Winter 2018

(1) SAD
(2) ACD

V

SED

Analysis

The respondent, who had a history of mental health problems, made a lasting power of attorney (‘LPA’) for property and financial affairs on 1 April 2014 appointing as attorneys her mother and her two daughters, the latter of whom were the applicants. It was then registered by the Office of the Public Guardian. On 25 September 2015 the respondent executed a deed, which had been prepared by a solicitor whom she had not previously instructed, revoking the LPA. Its registration was subsequently cancelled by the Office of the Public Guardian. On 4 December 2015 the applicants made an application objecting to the revocation and cancellation of the LPA on the basis that the respondent lacked capacity to make the relevant decision. They were also concerned to prevent the Respondent’s sale of her property in Wiltshire (‘property’). It was unfortunate that the issues which had arisen gave rise to a conflict between mother and daughters, but which all of them wanted to resolve without resulting irreparable damage. The issues were: (i) whether they respondent lacked capacity to revoke the LPA; (ii) whether the LPA should be reinstated; (iii) whether HJTC Ltd should be appointed to act as the respondent’s property and affairs deputy; and (iv) whether the deputy should be authorised to sell the property.


Counsel details

Francesca Gardner (Kings Chambers, 5 Park Square, Leeds, LS1 2NE, Tel 0345 034 3444, e-mail clerks@kingschambers.com) instructed by Clarion (Elizabeth House, 13–19 Queen Street, Leeds LS1 2TW, tel 0113 246 0622) for the applicants.
David Rees (5 Stone Buildings, Lincoln’s Inn, London WC2A 3XT, tel 020 7242 6201, e-mail clerks@5sblaw.com) instructed by Hugh Jones (2, The Malt House, 
Deva City Office Park, Trinity Way, Manchester M3 7BD, tel 0161 871 3680, e-mail info@hughjonessolicitors.co.uk) for the respondent.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Mental Capacity Act 2005, ss 1-4, 16, 22, sch 3