Judgment concerning whether a donor under a Lasting Power of Attorney for Property and Financial Affairs (LPA) executed in 2009 had capacity to execute it. The donor, RD, is aged 60 and has a learning disability and a diagnosis of chronic schizophrenia. He is currently subject to deprivation of liberty restrictions under which he cannot leave his care home without supervision. The LPA was purportedly executed on 17 December 2009, with his brothers and mother as executors (the mother had subsequently died). In 2019 the care home manager became concerned about the management of RD’s financial affairs and contacted the OPG and in the ensuing investigation a consultant concluded that it was ‘most likely’ that RD had not had capacity to execute the LPA in 2009.
In this judgment, Poole J notes that “although it is not uncommon for the courts to determine past capacity to execute an LPA, there is a dearth of published authority on the issue”. While the issues are not complex, the lack of judicial authority prompted him to publish this judgment. After concluding that he has sufficient evidence to decide the matter, and reminding himself of the statutory framework and relevant case law, he concludes RD did not have capacity to execute the LPA in 2009. This was broadly because the certificate provider at the time had made no mention of RD’s disability and there was no evidence they had experience of dealing with donors with a disability. Read the judgment on the National Archives Comments are closed.
|
Case summaries on every Court of Protection case & other relevant decisions with links to the full judgment where available.
Support the Hub
This site is free to access but if you find it useful then please consider a contribution by way of support for our work. Click here to contribute. Sign up for our free email alertWe do not share your details with any third parties and you can unsubscribe at any time
More from Bath PublishingBrowseCategories
All
Archives
October 2024
|
This site is published by Bath Publishing Limited
www.bathpublishing.com Manage your email preferences Read the Bath Publishing Privacy Policy |