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ARTICLE · 29 APRIL 2015

Digital Misconduct?

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In the first case to consider a Lasting Power of Attorney (LPA) for property and financial affairs made using the new online system Senior Judge Lush considered an application by the Public Guardian to revoke and cancel the registration of a digital LPA made in these circumstances.

United KingdomFamily and Matrimonial
Julia Abrey
Julia Abrey
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In the first case to consider a Lasting Power of Attorney (LPA) for property and financial affairs made using the new online system Senior Judge Lush considered an application by the Public Guardian to revoke and cancel the registration of a digital LPA made in these circumstances. Re JL (Revocation of Lasting Power of Attorney) [2014] EWCOP 36. In this case a digital LPA had been executed by a mother appointing her daughter as sole attorney. The mother had not received any independent advice about the creation of the LPA although the daughter claimed that she had fully explained the document to her mother prior to it being executed. A friend of the family had witnessed the donor's signature and acted as certificate provider. Senior Judge Lush noted that the daughter had failed in her role of attorney from a number of points of view; she had not kept proper records and accounts, stating at the hearing that she did not know she had to do so and admitted that she had not

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