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State of play: case summaries

Elizabeth Eyre and Jennifer Ridgway look at case law regarding how to draw a line between unwise decisions and a lack of capacity, as well as the robustness of the golden rule

14 March 2016

Re AH

This case concerned an application by the public guardian for the court to revoke a property and financial affairs LPA.

A is a 95 year old lady who lives in Manchester. She was diagnosed with dementia in 2010 and has lived in a nursing home since the onset of her dementia. On 11 December 2010, she executed an LPA in which she appointed her niece's husband, C, to be her sole attorney and named her late brother's widow as the person to be notified when the LPA was registered.

A's certificate provider, who certified that she had capacity, was a hotel owner in the New Forest who had known A only from her visits to her niece and C.

The public guardian applied for the LPA to be revoked, together with an order for a new LPA in favour of the public guardian, and an order for the investig...

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