Update on cases from the Court of Protection

28 March 2014

Here is a brief summary of recent cases in the Court of Protection.

Court of Protection allows woman suffering from dementia to return home

An 89-year-old woman with dementia persuaded the Court of Protection to let her leave her care home and live in her own flat.

Manuela Sykes, whose identity has been made public at her own request, requires 24-hour care but will be allowed to receive it in her own home for a one-month trial period.

Ms Sykes has long campaigned for better treatment for people with dementia and told the Court she wanted her life to end with a “bang, not a whimper”.

Attorney removed by Court for abusing his power

In the Court of Protection case of Public Guardian v JM the OPG successfully applied for a Lasting Power of Attorney to be revoked and a professional deputy to be appointed instead.

The attorney, JM, had been P’s gardener and was appointed as her attorney under an LPA.  The Court held that he had breached his duties by:

  • Paying himself a salary without permission; and
  • Making gifts of £38,000 to himself without permission.

He also used P’s money to run a Motability vehicle in his wife’s name.

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