The Court of Protection has recently published a case where disagreements within a family meant the acting LPA (attorney) couldn't effectively make Best Interests decisions under the MCA. The judge stated: 'I find that, given the breakdown in their relationship, VX is unable to properly consult with, and properly take into account the views of, AX and KX when exercising her powers under her lasting power of attorney. It follows that decisions made by VX under her lasting power of attorney, because of this lack of proper consultation, would not comply with the best interests decision-making framework set out in section 4 of the Mental Capacity Act 2005.’
This is important for social workers (and other professionals) to note particularly when working with health & welfare attorneys. If there are family disagreements this could mean the LPA cannot function and the Office of the Public Guardian should be contacted.
The case can be viewed here: https://www.bailii.org/ew/cases/EWCOP/2024/78.html
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