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Revocation of Lasting Powers of Attorney

Maria Pusey of Astle Paterson’s Wills & Probate Department discusses how to revoke a Lasting Power of Attorney.

Maria said, “Lasting Powers of Attorney (LPA) were created by the Mental Capacity Act 2005.  They came into effect in 2007 and replaced Enduring Powers of Attorney in an effort to further protect the interests of potentially vulnerable persons.

Whilst Lasting Powers of Attorney have numerous benefits it is also worth bearing in mind that if they are not effective in protecting the vulnerable person a Court may step in, revoke them and place the management of the person’s affairs in the hands of the Court.

The recent case of Re EL [2015] All ER (D) 71 (May) highlights this.

In this case EL was diagnosed with vascular dementia and decided to appoint her son and daughter as Attorneys on a joint basis relating to any property and joint and several for all other financial matters.

Unfortunately the siblings did not get along and could not agree on how to manage their mother’s affairs.

Senior Judge Lush confirmed that where there is “corrosive animosity” between Attorneys which leads to ineffective management of the donor’s affairs a Court has power to revoke the LPA.

The son and daughter had also made excessive gifts to themselves from their mother’s funds and the Court held that the Attorneys’ general conduct showed that they could not be “trusted to act in the manner and for the purposes for which the LPA was intended”.   The LPA was therefore revoked and a panel deputy was invited to apply to act as a Deputy.”

Maria concluded, “It is worth noting that arguments between family members can often happen and will not normally be enough for an LPA to be revoked by the Court.   In this case however, the animosity between the son and daughter, coupled with their other questionable actions meant that a Court needed to step in to protect their mother.

If you are contemplating making a Lasting Power of Attorney you should consider the strength and type of relationship between your proposed Attorneys before nominating them.

One question you should ask yourself is, ‘Will they be able to work successfully together to ensure that your wishes and best interests are maintained?’”

To discuss making a Lasting Powers of Attorney or should you be planning for your future, then please contact Maria Pusey of Astle Paterson’s Wills & Probate department on 01283 531366 or by way of email to mpusey@astlepaterson.co.uk.

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