Court Upholds Mother's Best Interests in LPA Decision | Curtis Parkinson
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Court Upholds Mother’s Best Interests in LPA Decision

4 February, 2025 4 minutes reading time


A Lasting Power of Attorney (LPA) is a vital legal tool that allows you to appoint someone you trust to make crucial decisions for you if you become unable to do so. This provides peace of mind for you and your loved ones. However, the recent case of Norfolk County Council v CA and others EWCOP 64 demonstrates the complexities that can arise, even within close relationships, and the vital role of the court in protecting vulnerable individuals.

What is a Lasting Power of Attorney (LPA)?

An LPA is a profound expression of trust and intention. By creating an LPA, you take proactive steps to ensure your wishes are followed, even in challenging circumstances. This might be due to illness, injury, or simply as part of planning for later life.

Types of LPA

There are two types of LPAs in the UK: Health and Welfare and Property and Financial Affairs. The Health and Welfare LPA empowers a trusted individual to make critical decisions regarding medical treatment and care arrangements. At the same time, the Property and Financial LPA enables your chosen attorney to handle your financial matters, like paying bills or managing your assets. Given an attorney’s substantial influence on your life and well-being, choosing the right person is a deeply personal and significant decision.

The Norfolk County Council v CA Case

This case involved CA, a 79-year-old woman diagnosed with dementia, and her daughter, DA, who held both Health and Welfare and Property and Financial Affairs LPAs for her mother.  The case wasn’t simply about a disagreement regarding CA’s care; it involved serious allegations of abuse and coercive control by DA, including instances of physical abuse.

These allegations extended to DA’s ex-husband, who was also involved in the mistreatment of CA.  Norfolk County Council brought the case to the Court of Protection, seeking orders under the Mental Capacity Act 2005 and the court’s inherent jurisdiction to protect CA.  Mrs Justice Arbuthnot made findings of fact regarding the allegations of abuse, concluding that they had occurred.  The court then assessed CA’s capacity, determining that she lacked the capacity to conduct the court proceedings, make decisions about her care, and manage her property and affairs.

However, crucially, the court found that CA did have the capacity to make decisions about contact with others and to enter into or revoke an LPA.  As a result, the judge made an injunction under the High Court’s inherent jurisdiction, with specific conditions in place to protect CA from further harm.  This case highlights the critical importance of safeguarding vulnerable adults from abuse, even when a family member holds an LPA.

Key Takeaways

The Norfolk County Council v. CA case highlights several vital points.  Firstly, it demonstrates that the existence of an LPA does not automatically guarantee that the donor’s best interests are being served.  Secondly, it highlights the different levels of capacity.  Someone may lack the capacity for certain decisions but retain it for others, as was the case with CA.  Thirdly, it emphasises the court’s power to protect vulnerable individuals from abuse and ensure their well-being even when an LPA is in place.  Transparency and accountability are fundamental. Attorneys should maintain meticulous records of their decisions and actions. This transparency fosters trust and clarity and prioritises the donor’s best interests. The Court of Protection also emphasises the importance of supporting the donor’s independence as much as possible.

 What Should You Do?

If you’re contemplating the creation of an LPA, take the time to select your attorney carefully. It’s essential to have open and honest conversations about your wishes and confirm that they understand the gravity of their role.  Discussing your plans with other family members can also be helpful. A well-crafted LPA reflects your values and desires, so consider seeking legal advice from experienced lawyers who can guide you through the process and ensure that your document is customised to your unique circumstances.

Moreover, remember you have options if you ever feel uneasy about an attorney’s actions. Contact a solicitor for advice and reassurance. They can help clarify your concerns and guide you through any necessary steps, including the potential involvement of the Court of Protection if warranted. Don’t hesitate to act if you have concerns about someone’s safety.

Our Advice

We appreciate how overwhelming and emotional the process of creating a Lasting Power of Attorney can be. If you have any questions or concerns about LPAs or attorneys or need support navigating this vital process, please do not hesitate to contact us. We are here to help.

Please note that all views, comments or opinions expressed are for information only and do not constitute and should not be interpreted as being comprehensive or as giving legal advice. No one should seek to rely or act upon, or refrain from acting upon, the views, comments or opinions expressed herein without first obtaining specialist, professional or independent advice. While every effort has been made to ensure accuracy, Curtis Parkinson cannot be held liable for any errors, omissions or inaccuracies.

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