Posted: Friday, 4 January 2019 @ 13:43
If one is making a LPA and appointing one or more attorney it is critical to get the appointment right and the attorneys have integrity and get on.
When it goes wrong, something like this can happen.
In the case of The Public Guardian v CS & PL [2015] EWCOP30
t
he Donor, EL, was diagnosed with dementia in 2009
and appointed her two children, CS and PL, as her attorneys with the power to
act jointly in relation to the sale of her house and jointly and severally for
all other decisions.
The attorneys’ relationship broke down due to differing
views on who should control EL’s finances. They each made complaints to the
Office of the Public Guardian and accused each other of misconduct.
In 2014, the Office of the Public Guardian carried out an
investigation and noted that the two attorneys were not able to work together
and they had taken funds out of EL’s bank account for their personal benefit.
CS had received £22,553.31 whilst PL had received £19,925.63.
Both attorneys
regarded EL’s monies in her bank account as their inheritance. and ultimately the Court of Protection Judge
ordered the revocation of the LPA and invited a panel deputy to apply to be
appointed as EL’s deputy for property and affairs.
A very stressful and no doubt financially expensive case for everyone.