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(Court of Protection, Senior Judge Denzil Lush, 22 January 2013)
The 78-year-old woman executed a lasting power of attorney in favour of her niece. However, an investigation by the Office of the Public Guardian revealed that the niece had used approximately £87,000 of the woman's money to fund her reptile business. She claimed it was an investment on the woman's behalf although it had been made in her own name. The investigation also revealed that she had used £43,000 for her own personal benefit.
The woman lacked capacity to revoke the LPA and so the Public Guardian applied on her behalf.
The judge revoked the LPA on the basis that the niece had acted in a way that was not in the woman's best interests and, therefore, a revocation was both necessary and proportionate. The judge issued guidance on the responsibilities of an attorney under an LPA in relation to investing a donor's funds.
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