Private Client analysis: What are the rules governing retrospective approval of gifts and payments for voluntary care? Simon Edwards, barrister at 39 Essex Chambers, discusses Re HH (attorney’s application for retrospective approval)  EWCOP 13 which demonstrates the necessity for someone who has power of attorney to retain proper records of care payments.
What are the practical implications of this case?
This case illustrates the problems that can arise when an attorney does not keep proper records and document decisions to make gratuitous care payments etc.
As regards the jurisdiction to make an order for repayment, it is right that there is no express power, and this is a deficiency which could be remedied. In Re PP
 EWCOP 29, however, the court, in effect, made retrospective approval conditional on part-repayment and this could, if appropriate, have been a practice followed here.