F, Re [2004] EWHC 725 (Ch) (02 April 2004)

F, Re [2004] EWHC 725 (Ch) (02 April 2004)

There was no evidence that Mr A was unsuitable to act as attorney for Mrs F, nor that the hostility between siblings would impede the administration of her estate or cause her significant distress. The donor's choice of attorney should be respected absent clear evidence of unsuitability.

Citation
[2004] EWHC 725 (Ch)
Parties
Appellant: Mr A; Respondent: Mrs B
Jurisdiction
England and Wales
Judgment Date
02 April 2004
Procedural Posture
Appeal (chancery Division, Court of Protection) / Appeal From Refusal to Register Enduring Power of Attorney
Outcome
Appeal allowed; registration of enduring power of attorney ordered.
Legal Topics
Enduring Powers of Attorney, Attorney Suitability, Court of Protection, Family Disputes, Appointment of Receiver
Mental Capacity Law Equity and Trusts Enduring Powers of Attorney Attorney Suitability Court of Protection Family Disputes Appointment of Receiver

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Parties

Mr A

Appellant

Mrs B

Respondent

Procedural Posture

Appeal (chancery Division, Court of Protection) / Appeal From Refusal to Register Enduring Power of Attorney

Legal Issues

  1. 1 Whether Mr A is unsuitable to be registered as attorney under an enduring power of attorney for Mrs F under s.6(5)(e) of the Enduring Powers of Attorney Act 1985

Ratio Decidendi

There was no evidence that Mr A was unsuitable to act as attorney for Mrs F, nor that the hostility between siblings would impede the administration of her estate or cause her significant distress. The donor's choice of attorney should be respected absent clear evidence of unsuitability.

Court Disposition

Appeal allowed; registration of enduring power of attorney ordered.

Orders

  • Registration of the enduring power of attorney in favour of Mr A.
  • No order as to costs of the appeal; Master's order for costs undisturbed.