By Georgina Baidoun, 16 July 2023 I have become lazy about looking for hearings in my area of interest, which is property and affairs and particularly Court of Protection deputy issues, because there are so few listed and those few tend increasingly to be held in person or to be vacated/cancelled. The advent of good weatherContinue reading “Very like London buses – several ‘property and affairs’ hearings all at once”
Tag Archives: Lasting Power of Attorney (Property and Finance)
Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA
By Claire Martin, 2 June 2023 This was an application from the Office of the Public Guardian (OPG) for a declaration that P’s (purported) appointment of his wife and son as LPA and replacement LPA, respectively, for Property and Finance, was either not valid (because P lacked capacity to make the LPA) or should be revokedContinue reading “Pettifogging? Judge invites Office of the Public Guardian to reconsider application to revoke LPA”
Decision-making with clarity and compassion: Validity of LPAs and appointment of Deputy
The judge summarised the proceedings stating “I formally record the LPAs are invalid and should not be registered, and the application for deputyship for property and affairs is approved”. The LPAs were invalid was because Stephen lacked capacity at the time of signing the documents.
Office of the Public Guardian steps in when attorneys don’t agree
I have made an LPA for Property and Affairs myself and was conscious at the time that they are not without their difficulties. In this case, there is a real possibility that, as P’s assets reduce, either he or his wife will have to move home and reduce their standard of living. With the best will in the world, I am not sure how this could or should be resolved, and family conflict seems almost unavoidable. In my case I have chosen to include a professional as an Attorney, accepting that this will come at a cost.
Promoting Open Justice in the Court of Protection 