Q&As

A donor has a registered financial lasting power of attorney (LPA) appointing two attorneys jointly and severally and the donor loses capacity. Attorney A has not acted in the donor’s best interest and Attorney B now wishes for Attorney A to be removed. Does the court have power to remove Attorney A only with the LPA still being valid for Attorney B to continue to act or will the whole LPA need to be revoked?

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Produced in partnership with Graham Stott of gunnercooke LLP
Published on LexisPSL on 29/11/2019

The following Private Client Q&A Produced in partnership with Graham Stott of gunnercooke LLP provides comprehensive and up to date legal information covering:

  • A donor has a registered financial lasting power of attorney (LPA) appointing two attorneys jointly and severally and the donor loses capacity. Attorney A has not acted in the donor’s best interest and Attorney B now wishes for Attorney A to be removed. Does the court have power to remove Attorney A only with the LPA still being valid for Attorney B to continue to act or will the whole LPA need to be revoked?

Section 22(3) of the Mental Capacity Act 2005 (MCA 2005) provides that:

‘…(3) Subsection 4 applies if the court is satisfied─

(a) that fraud or undue pressure was used to induce P─

(i) to execute an instrument for the purpose of creating a lasting power of attorney, or

(ii) to create a lasting power of attorney, or

(b) that the donee (or, if more than one, any of them) of the lasting power of attorney─

(i) has behaved, or is behaving, in a w

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