HH (attorney’s application for retrospective approval) [2018] EWCOP 13

Paramount Legal CostsHH is 95 and lives in a care home. He was diagnosed with Alzheimer’s disease in August 2010. HH has two sons, TH, the Applicant, and JPH, the First Respondent. Their relationship is fraught, and appears to have been so for many years.

TH holds an enduring power of attorney (EPA) for property and affairs for HH, entered into in July 2006 and registered in 2013. He also holds a lasting power of attorney (LPA) for health and welfare, which was registered in April 2016.

TH made an application, at the request of the Office of the Public Guardian (OPG), for retrospective approval of gifts of money paid from HH’s accounts to or for the benefit of the Applicant from January 2011 to November 2017, in the total sum of £88,366.77. The application was opposed by the First Respondent, JPH.

HHJ Vincent approved a total of £72,820.29, the unapproved sums to be accounted for from TH’s share of the residuary estate of HH. With regard to the costs of the proceedings, HHJ Vincent, whilst critical of the way in which the Applicant had carried out his responsibilities, was not satisfied that she should depart from the usual rule as to costs and directed that they be paid by HH or his estate.

The full judgment can be read here.

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