Re AB (Revocation of Enduring Power of Attorney)

Local government – Power of attorney. AB was born in Ireland in 1928 and suffered from dementia. Her nephews MD and WD were jointly and severally appointed to be her attorneys under an Enduring Power of Attorney (EPA) with general authority to act on her behalf in relation to all her property and affairs. The local authority wrote to the Office of the Public Guardian expressing its concern that AB's attorneys had not paid her residential care home fees. The Public Guardian opened a formal investigation into the matter and applied to the court for an order under sch 4 to para 16(4)(g) and (5) of the Mental Capacity Act 2005, directing the revocation of the EPA and directing the Public Guardian to cancel the registration of the EPA and an order inviting the authority to seek to apply to become deputy in respect of the management of AB's property. The Court of Protection held that the court had no confidence in the figures provided by MD and WD and the EPA would be revoked.

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