Attorney removed by Court for abusing his power

In the Court of Protection case of Public Guardian v JM [2014] EWHC B4 the Office of the Public Guardian 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.


Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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