Powers of attorney
Powers of attorney can be very helpful, particularly between a
couple, family or friends who jointly own property. It is
important to take advice and to keep clear records if you hold
a power of attorney. The involvement of an experienced
lawyer is important. If any dispute does arise it is the
responsibility of the Court of Protection to resolve the matter.
(2016) EWHC it was agreed the English courts do have
inherent jurisdiction to hear a case about a vulnerable adult
even though she was resident outside the UK. This was based
on her British citizenship.
Undoubtedly the most difficult cases any judge decides on are
those on the withdrawal of life-sustaining treatment. In Salford
Royal NHS Foundation Trust v Mrs P (By her litigation friend
- The Official Solicitor) and Q (2017) EWCOP a 79-year-old
woman had suffered a catastrophic stroke. Mrs P was described
by all her knew her as a vigorous and well-educated woman
who had strong views. In very moving testimonies, firstly from
her daughter and then from her partner, together with some
proof that she had actively asked for treatment to be stopped if
she suffered this type of illness, the judge agreed that no
further invasive treatment should be given to keep her alive.
The full transcript of this case can be read at
https://www.judiciary.uk/wp-content/uploads/2017/10/mrs-p-
judgment-oct2017.pdf and it is a riveting if painful read.
Recently I was doing some research into the Court of
Protection where judges may have to decide about the use or
misuse of powers of attorney for elderly relatives, the
protection of minors and vulnerable adults, and in some cases
quite literally decide on matters of life and death.
I set out just some of the most recent examples. In HC (2015)
EWCOP the Public Guardian applied for an order questioning
the use of funds by a son who had given up good employment
to care for his elderly mother. Having studied the use of the
funds and the comparative costs of state or private care, the
judge supported the son’s position and found he had been
acting in the best interests of the mother.
SANDRA WRIGHTSON, BARRISTER, DE COTTA LAW
In JMK (2018) a decision was made that a Canadian power of
attorney which did not require any form of registration in
Canada was not valid for use in England. The applicant
daughter and son-in-law were advised to obtain an order to be
appointed deputies in England to ensure there was full
consideration of the best interests of the donor.
For more information and a confidential consultation call us
on 952 527 014 or email [email protected].
De Cotta Law (De Cotta McKenna y Santafé)
Mijas-Costa / Calahonda – Coín – Nerja – Tenerife
Nerja Office: - Calle Diputación 11, 29780 Nerja
Tel: +34 952 527 014 - Fax: +34 952 523 428
www.decottalaw.com
In Al-Jeffery v Al-Jeffrey (Vulnerable adult; British Citizen)
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