KC, Re [2020] EWCOP 62

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.

The P had four daughters, all of whom were donees of the two LPAs and who were appointed jointly and severally. The LPAs were executed in 2017 but one of the daughters objected to the registration of the LPAs on the basis that their mother had not had capacity when the LPAs were executed - her objection was rejected. The court at this hearing had to decide whether the LPAs should be registered  in circumstances where one of the daughters was at odds with the other three.

The court concluded that neither instrument should be registered, the evidence strongly indicating that sadly there was no prospect of all four of the P’s daughters pulling together and making decisions together. Any decisions regarding the P's property and affairs should be made by an independently appointed guardian.

Read the full text of the judgment on Bailii