Lasting Power of Attorney suspended

Re YW [2016] EWCOP 18, [2016] All ER (D) 45 (Apr) NLJ 15 April

The Court of Protection, on the public guardian’s application to revoke a lasting power of attorney (LPA) for property and financial affairs, held that, in circumstances where the only evidence of the donor’s capacity was in the Court of Protection general visitor’s report, which was ambivalent on the question of her capacity to revoke the LPA, an assessment by a Court of Protection special visitor was required prior to considering revoking the LPA and making a substantive deputyship appointment. Pending receipt of that report, the attorneys’ authority to act under the LPA would be suspended and the donor’s daughter would be appointed as an interim deputy.