“An order undersection 22(4)(b) of the Mental Capacity Act 2005 for the revocation and cancellation of the registered property and financial affairs LPA made by EG. An order directing that a member of the panel of deputies be approached and invited to make an application for appointment as deputy to make decisions on behalf of EG in relation to her property and affairs with the power to take such proceedings or steps as may be necessary to restore EG’s estate to the correct level.”
“GB insisted on asking her Mum whether she was happy to have given that money to her children. She told her that she had£85,000 on her account and client didn’t know she had that much money. Her daughter asked her if she would give that much money to her and her ‘boys’, to which client replied: “I wouldn’t have anything left if I did! … I’d have to think about it!”
“On 9th April (I remember this date because it was the Wednesday before a family funeral), my brothers and myself discussed with my mother a letter she had received from the bank saying that her savings accounts would be frozen because there had been no activity on them, and transferred to an account for such purposes. She had to let them know by 5th May. We also discussed with her my predicament and asked if she could help me out. She was shown her bank statements which she always has access to anyway. She agreed to help me and wanted my brothers to be treated equally.”
“I feel that my sister and I have always acted in our mother’s best interests. She has always been adamant that she wished to continue living in her own home and my sister gave up her job and became her full time carer to accommodate this. Due to this and other personal circumstances this led to financial hardship for my sister. Because of this we asked our mother if she would consider lending some money. We showed her the bank statements and she agreed to the request but said she thought all four siblings should be treated equally. This would have been in early April 2014 and before her behaviour became considerably more erratic. In accordance with this, gifts of£20,000 were made to myself, my sister and my two brothers. I would like to reiterate that our mother’s welfare and happiness have always been our primary concern and I feel that she has received and is continuing to receive an exceptionally high level of care.”
“The Public Guardian requests London Borough of Bromley be invited to make an application to become the deputy for EG for property and affairs with power to take such proceedings or steps as may be necessary to restore EG’s estate to its correct level.”
“To assume my mother’s mental capacities were the same on April 9th as they were over seven weeks later on May 23rd, when her first wandering incident occurred, would be to assume that she had always been wandering since the onset of dementia, but my mother had never come to the attention of social services before this date, because she had not.”
“We know that my mother did agree to the money being given, but if the court decides we must pay it back, two of my brothers have the full amount and would do so immediately. I would not be able to pay it back all at once. I would never have asked for it, if I hadn’t needed it. When I reduced my work hours in January 2012 and April 2013 gave up my job completely in order to care for my mum, I was able to cope financially with my husband’s support and although my husband was out of prison on December 16th 2014, gained a job starting January 6th, we still have a burdensome son to support and help towards a time when he can support himself. I would need to get a job so I can pay my mum back. This will mean I will no longer be able to care for my mum.”
“Subsection (4) applies if the court is satisfied - (a) …. (b) that the donee (or, if more than one, any of them) of a lasting power of attorney – (i) has behaved, or is behaving, in a way that contravenes his authority or is not in P’s best interests, or (ii) proposes to behave in a way that would contravene his authority or would not be in P’s best interests.” (a) …. (b) that the donee (or, if more than one, any of them) of a lasting power of attorney – (i) has behaved, or is behaving, in a way that contravenes his authority or is not in P’s best interests, or (ii) proposes to behave in a way that would contravene his authority or would not be in P’s best interests.”
“The court may – (a) direct that an instrument purporting to create the lasting power of attorney is not to be registered, or (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.” (a) direct that an instrument purporting to create the lasting power of attorney is not to be registered, or (b) if P lacks capacity to do so, revoke the instrument or the lasting power of attorney.”
“An unlimited authority to make gifts might tempt the attorney to abuse his position especially if he himself fell on hard times and persuaded himself that the donor, if capable, would have wanted him to benefit in this way. And the unscrupulous attorney might persuade a semi-capable donor that such an authority was standard practice and perfectly safe.”
“We have already recommended restrictions on the attorney’s authority to use his EPA to benefit persons other than the donor himself. Such restriction would operate even if the EPA purported to give the donor greater authority in this respect. These restrictions were designed to protect the donor’s interests but we see no reason why the Court should not be able to relax them and give the attorney greater authority to benefit others (including himself) provided that such greater authority was not prohibited by the instrument.”
“A fiduciary duty means attorneys must not take advantage of their position. Nor should they put themselves in a position where their personal interests conflict with their duties. They also must not allow any other influences to affect the way in which they act as an attorney. Decisions should always benefit the donor, and not the attorney. Attorneys must not profit or get any personal benefit from their position, apart from receiving gifts where the Act allows it, whether or not it is at the donor’s expense.”