The Public Guardian v DA, YS and ES

Judge: Senior Judge Lush

Citation: [2015] EWCOP 41

In this case the Public Guardian applied for the revocation of a LPA on the ground that the donees had failed to keep accounts and had used their position to advance their own interests by using the proceeds of sale of P’s property for their own purposes and obtaining large shares for themselves in the property bought with the proceeds.

The application was granted and a panel deputy appointed with the Senior Judge predicting litigation in the Chancery Division to restore P’s assets. As regards costs, the Senior Judge departed from the general rule and made no order costs.

The attorney’s behaviour in this case was particularly poor. It might have been a case where they ought to have paid the Public Guardian’s costs.

CategoryLasting Powers of Attorney - Revocation Date


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