VX v KX & Ors [2024] EWCOP 78 (T2)

Application to revoke powers of attorney in place for SX

In a previous hearing HHJ S Jones found that a care package proposed by VX, one of SX's children, which would see SX remain living at home was not financially viable and it was in SX's best interests to move to a residential care home. This application on behalf of SX sought, on a summary basis, the revocation of the lasting powers of attorney for health and welfare which SX executed in favour of VX, BM and MS, while a submission for VX requested a fact finding hearing.

HHJ Jones finds at [12]

"It is clear to me that there is a complete breakdown in the relationship between the siblings. I find that it would be disproportionate to hold a fact-finding hearing to determine the reason for that breakdown and that, applying the overriding objective, it is proportionate and appropriate for me to make a determination today on the basis of submissions as to whether or not to revoke the lasting powers of attorneys for health and welfare executed by SX."

She then revokes all the powers of attorney in place for health and welfare but does not revoke the finance and property powers made to other family members for practical reasons, though she expects them to be disclaimed in the near future. 

Read the judgment on Bailii