The Public Guardian v AC & Anor
2014
COURT OF PROTECTION
United Kingdom
CORAM
- Senior Judge Lush
Areas of Law
- Administrative Law
- Mental Capacity Law
2014
COURT OF PROTECTION
United Kingdom
CORAM
AI Generated Summary
This case concerns the application by the Public Guardian to revoke a Lasting Power of Attorney (LPA) for PC, a woman with mixed dementia. The LPA, which appointed her sons AC and JC as attorneys, was purportedly mismanaged, leading to accrued unpaid care fees and unaccounted expenses. The court held that PC lacked the capacity to revoke the LPA herself and that her attorneys breached their fiduciary duties and failed to act in her best interests. Consequently, the LPA was revoked, and a panel deputy was invited to manage PC's affairs.
JUDGMENT
Senior Judge Lush:
This is an application by the Public Guardian for the court to revoke a Lasting Power of Attorney (‘LPA’) for property and financial affairs and to direct him to cancel its registration.
The background
PC was born in 1936 and was formerly a primary school teacher. Her husband, who died in 1983, was a teacher, too.
She used to live in West Molesey, Surrey, and still owns her house there. It is worth in the region of £360,000. Her attorneys have let it to tenants under an assured shorthold tenancy agreement at a rent of £1,350 per calendar month.
Since December 2009 PC has lived in residential care. She is self-funding and her care fees are currently £735 a week.
She has mixed dementia, a combination of vascular dementia and Alzheimer’s disease.
She has two sons, both of whom live in the Kingston upon Thames postcode area, namely:
AC, who was born in 1961 and is a private hire driver; and
JC, who was born in 1962 and is a company director and independent financial adviser.
On 8 June 2009 PC executed an LPA for property and affairs, in which she appointed her sons jointly and severally to be her attorneys.
Her GP witnessed her signature and formally certified that she had the capacity to create the LPA.
An application was made to the Office of the Public Guardian (‘OPG’) to register the LPA and it was registered on 12 August 2009.
The application
On 3 June 2014 the Public Guardian applied to the Court of Protection for the following orders:
An order under section 23(3)(a) of the Mental Capacity Act 2005 directing AC and JC to account to the Public Guardian for their dealings under the Lasting Power of Attorney from 12th August 2009 to the date of the order.
An order under section 22(4)(b) of the Mental Capacity Act 2005 directing the revocation and cancellation of the registered Lasting Power of Attorney made by PC if the attorneys fail to provide satisfactory accounts with full supporting documentation within 28 days of the order.
An order inviting an application from a member of the panel of deputies to apply to be appointed deputy to investigate and report as to the past management of PC’s affairs and be empowered to take such proceedings or steps as may be necessary to restore her estate to the correct level.
The application was accompanied by a witness statement made by Rachel Bloore, who had investigated the case on behalf of the Public Guardian. In summary, she said that:
on 23 January 2014 the OPG was in