Lasting Powers of Attorney: Engaging Override
Can the capacitous views of an individual about who they wish to make decisions on their behalf in the event that they lose capacity be overridden? The answer, in short, is yes. In this article for 'Trusts and Estates Law & Tax Journal- June 2021 edition' Francesca Gardner discusses the significant decision of Re KC; LCR v SC , an unusual case of a pre-emptive refusal to register a lasting power of attorney (LPA) on the grounds of irreconcilable differences. A link to the article can be found HERE.
Francesca represented the fourth respondent, by her litigation friend the Official Solicitor. A link to the judgment can be found HERE.