Our Elderly, Care & Mental Capacity team acted on behalf of a client who was in his 90’s, with full capacity, who had appointed his step daughter as his attorney. When it came to registering the Lasting Power of Attorney (LPA) with the Office of the Public Guardian, the client’s two daughters (who he had named as people to be notified of the application, in order to keep them in the loop) objected to the registration on the grounds that he didn’t have the capacity to make the LPA in the first place!
Needless to say he was not best pleased at this description of his character, particularly as he had not been visited by his daughters for around 12 months. We gathered evidence from the care home manager, a psychiatric nurse who worked at the home and from the client to rebut the claims made by the daughters. Ultimately we were successful and having seen the evidence, they withdrew their objection and the LPA was registered.