On first reading the case of Re AMH struck me as being very unusual. Sadly whilst it is not uncommon to see Attorneys removed from their position due to some misdemeanour, it is not often the case that the same Attorney is appointed as Deputy.
In this case concerns were raised about AMH's daughter and Attorney, Audrey. It was apparent that in dealing with her mothers affairs she had very little regard for the provisions of the Mental Capacity Act and often spent her mother's money needlessly. Senior Judge Lush has revoked the Lasting Power of Attorney appointing Audrey and instead appointed her as her mother's Deputy.
What Senior Judge Lush has done in this case is to place the person who lacks capacity at the centre of decision making by respecting her wishes that Audrey should manage her affairs whilst ensuring that Audrey will be subject to more rigorous supervision.
It is also perhaps significant that whilst Audrey had not, at times, acted in what would objectively be her mother's best interests, she had not acted outside the authority given to her by the Lasting Power of Attorney.
This course of action enables the court to respect AMH's rights, will and preferences as regards her choice of decision-maker, yet at the same time it allows the court to put in place appropriate, effective and proportionate safeguards to prevent Audrey from continuing to make unwise decisions that aren't in AMH's best interests.