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Application by the P's Deputy for Property and Affairs for a declaration that the P did not have capacity to marry. The application was dismissed.
Even if an incapacitious person regains capacity during the relevant period, he cannot, as a matter of law, enter into a binding agreement to dispose of or deal with property.
The court had to determine i) whether the P had the capacity to marry, to make a will and to enter into a prenuptial agreement; and 2) whether he should be told about the amount of his estate. The court ruled that all applications should succeed.
Application by the CCG which proposed an extensive package of care for the P at the family home, with (most of) the financial arrangements managed by a third party broker. The application was granted despite it being opposed by the P's parents.
Costs were awarded against the LA after a dispute in which the LA alleged the mother had mismanaged the P's funds.
Application by the P's son to receive authority from the court to make gifts from the P's estate in the sum of £7m. The authorisation was granted.
Application against various costs orders made against the applicant in relation to the P, his late aunt. The application was dismissed.
Application by P's son for retrospective approval of gifts of money paid from P's accounts to or for the benefit of the Applicant. Approval was given for a portion of the sum paid. The Applicant, who holds an EPA and LPA for heath and welfare, withdrew funds totalling over £88,000 from the bank accounts. He was applying for retrospective approval for these withdrawals, while his estranged brother was against the approval being given.
The Court approved a total of just over £72,000. Read the full text of the judgment on Bailii Application for an order under the Mental Capacity Act 2005 granting retrospective ratification of a gift of £324,000 from the Patient, being a potentially exempt transfer for the purposes of inheritance tax (IHT). The application was refused.
Application for the revocation of both LPAs after the attorneys used the Patient's money to buy a property. The LPA PA was revoked, the LPA HW was not.
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Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
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