United Kingdom lasting power of attorneyattorney giftsfiduciary duty

Public Guardian v GB

Re EG [2015] EWCOP 6

JurisdictionUnited Kingdom

CourtCourt of Protection (Senior Judge Lush)

Year2015

StatusBinding authority

Key Principle

Where attorneys under a registered lasting power of attorney make gifts of the donor's property that exceed the limited gifting authority conferred by section 12 of the Mental Capacity Act 2005, they contravene their authority and breach their fiduciary duty, and the court may revoke the LPA under section 22(4) and appoint a deputy.

Area of Law

General

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