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Power of attorney – Lasting power of attorney. VH was born in 1926 and lived in her own home. In 2010, she appointed her son DH to be her sole executor of her will and executed an Lasting Power of Attorney (LPA) in which she appointed DH to be her sole attorney. Following the taking out of a mortgage transaction in VH's name, an investigation was opened in the LPA. The Court of Protection held that following criteria under the Mental Capacity Act 2005, VH lacked the capacity to revoke the LPA and DH had behaved in a way that had both contravened his very limited authority to make gifts under s 12 of the Act and had not been in VH's best interests.
Power of attorney – Lasting power of attorney. VH was born in 1926 and lived in her own home. In 2010, she appointed her son DH to be her sole executor of her will and executed an Lasting Power of Attorney (LPA) in which she appointed DH to be her sole attorney. Following the taking out of a mortgage transaction in VH's name, an investigation was opened in the LPA. The Court of Protection held that following criteria under the Mental Capacity Act 2005, VH lacked the capacity to revoke the LPA and DH had behaved in a way that had both contravened his very limited authority to make gifts under s 12 of the Act and had not been in VH's best interests.
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