The Public Guardian v RI [2022] EWCOP 22

Capacity to execute LPA "The sole question which this judgment addresses is whether the donor under a Lasting Power of Attorney for Property and Financial Affairs (LPA) executed in 2009 had capacity to execute it. ... I proceed on the basis that the relevant information in relation to the execution of an LPA is: (a) The effect of the LPA. (b) Who the attorneys are. (c) The scope of the attorneys' powers and that the MCA 2005 restricts the exercise of their powers. (d) When the attorneys can exercise those powers, including the need for the LPA to be executed before it is effective. (e) The scope of the assets the attorneys can deal with under the LPA. (f) The power of the donor to revoke the LPA when he has capacity to do so. (g) The pros and cons of executing the particular LPA and of not doing so."

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This case has been summarised on page 13 of 39 Essex Chambers, 'Mental Capacity Report' (issue 123, June 2022).

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This case's neutral citation number appears in the following newsletters:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 128, December 2022)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 133, July 2023)
• 39 Essex Chambers, 'Mental Capacity Report' (issue 137B, March 2024)

CASES DATABASE

Full judgment: BAILII

Subject(s):

• LPA cases - capacity to make an LPA🔍

Date: 7/6/22🔍

Court: Court of Protection🔍

Cites:

• Re Collis (2010) COP 27/10/10

Judge(s):

• Poole🔍

Parties:

• The Public Guardian🔍
• RI🔍
• D🔍
• RS🔍
• RO🔍

Citation number(s):

• [2022] EWCOP 22^B

What links here:

• 39 Essex Chambers, 'Mental Capacity Report' (issue 123, June 2022)

Published: 25/7/22 22:03

Cached: 2024-11-21 18:04:04