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Cases

KC, Re [2020] EWCOP 62

7/12/2020

 
The court had to decide whether the LPAs executed by the P should be registered in a situation where the donees could not work together in the best interests of their mother.

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Various applications concerning foreign representative powers, Re [2019 EWCOP 52

14/11/2019

 
​​These 5 applications were asking the court to make orders to give effect in England and Wales to representative powers originating in a foreign jurisdiction.

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Office of the Public Guardian v PGO & Ors, Re: BGO [2019] EWCOP 13

23/4/2019

 
The court ruled that the P's LPAs were invalid as one of the attorneys had witnessed the donor's signature. The registration was cancelled.

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HH (attorney's application for retrospective approval) [2018] EWCOP 13

6/6/2018

 
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

Re JMK [2018] EWCOP 5

16/3/2018

 
Application for an order to recognise a Canadian Power of Attorney as "a protective measure" for the purposes of Schedule 3 of the Mental Capacity Act 2005. The application was refused.

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PP [2015] EWCOP 93

14/12/2017

 
​​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.

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PP [2016] EWCOP 65

14/12/2017

 
​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 The LPA PA was revoked, the LPA HW was not.

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PP [2017] EWCOP 29

14/12/2017

 
​​Case in which the court had to decide who was reponsible for costs incurred as a result of the successful application by the PG to have the attorneys' LPA for property and financial affairs revoked. The attorneys were ordered to share their own costs.

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Re YW [2016] EWCOP 18

5/4/2016

 
​This case concerns an application by the Public Guardian (‘PG’) to revoke a Lasting Power of Attorney (‘LPA’) for property and affairs. 

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KJP [2016] EWCOP 6

11/2/2016

 
This is an appeal against the order of DJ Mort whereby he granted an application by the Patient (‘P’) to revoke a registered Enduring Power of Attorney (‘EPA’). The attorneys, his children appealed against the order.

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