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Man stripped of deputyship by Court of Protection

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The Court of Protection has stripped a man of responsibility for his elderly mother’s financial affairs.

In 2005, the woman had granted Enduring Power of Attorney (now referred to as Lasting Power of Attorney) to her third child.

Last year, the 82-year-old had started to show signs of mental decline and was diagnosed with Alzheimer’s Disease in February, shortly before she was transferred to a care home.

Only a few months later, Northamptonshire County Council received an anonymous tip-off, alleging that the son and his elder brothers had started to sell off their mother’s possessions and intended to rent her home.

At this stage, the local council had intervened and sought to have a solicitor appointed to act as a professional deputy.

The son had objected on the basis that his mother had made arrangements to hand responsibility for her affairs to him a decade earlier.

An application was subsequently made by the county council to have the EPA permanently removed and the case was brought to the Court of Protection to be considered.

The local authority’s actions were actually supported by the woman’s youngest child – and only daughter – who had made a number of allegations about her older brothers’ behaviour.

Senior Judge Lush accepted that the son had neglected his mother’s “basic needs” for long periods, making him unsuitable to act as deputy. Although the arguments about selling off property and making moves to rent out the property were rejected, with the Judge saying that these actions were entirely lawful.

At Lester Morrill, our specialist Court of Protection solicitors are experienced in working with vulnerable individuals and their families, friends and care teams to ensure the best possible outcome. We currently manage cases involving private clients, solicitors, local authorities, referrals from the court and case managers. Please contact our team for further information.

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