Posted on 20 May 2010

Landmark Lasting Powers of Attorney (LPA) ruling

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An extraordinary court battle involving a severely disabled pianist and Lasting Powers of Attorney (LPA) over his affairs has been resolved in favour of the man’s family.

Derek Paravinci, the nephew of the Duchess of Cornwall, is blind and autistic but has nevertheless forged an international reputation as a concert pianist. However his severe learning difficulties mean that he needs 24-hour care to deal with basic tasks which led to his family applying for Lasting Powers of Attorney over his affairs.

His family had asked the High Court for the right to make decisions on his behalf and in his own interests such as where he should live and how often he should be allowed to perform. They were opposed by the Royal National Institute for Blind People which argued that an independent guardian should fulfil those tasks instead.

The Court of Protection at the High Court heard the case in the first from that court to be reported in the media. The court, which was created under the Mental Capacity Act 2005, controls the future of those adults who are not capable of sorting out their own affairs.

Mr Justice Hedley ruled that Mr Paravinci’s parents and sister should have the right to make decisions in his life without an independent guardian. In court he paid tribute to the family’s commitment to his welfare. He said that their “independence in the teeth of ambition of others” reassured him that they had his best interests at heart. He added: “They have satisfied me that they were able to withstand the pressures that may come to develop Derek’s commercial career at a pace greater than is actually good for him.”