F, Re

F, Re

There was no evidence that Mr A was unsuitable to be Mrs F's attorney except for Mrs F's conditional preference for an independent receiver if family hostility persisted. Hostility between siblings did not impede administration or cause significant distress to the donor. The donor's choice should be respected absent clear evidence of incompetence or abuse.

Parties
Appellant: Mr A; Respondent: Mrs B; Donor: Mrs F
Jurisdiction
England and Wales
Judgment Date
02 April 2004
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Enduring Power of Attorney, Unsuitability of Attorney, Appointment of Receiver, Family Disputes, Estate Administration
Mental Health Law Probate Law Elder Law Enduring Power of Attorney Unsuitability of Attorney Appointment of Receiver Family Disputes Estate Administration

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Parties

Mr A

Appellant

Mrs B

Respondent

Mrs F

Donor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether Mr A is unsuitable to be Mrs F's attorney under s.6(5)(e) of the Enduring Powers of Attorney Act 1985
  2. 2 Whether Mrs F's expressed preference for an independent receiver justifies refusal of registration
  3. 3 Impact of family hostility on suitability of attorney

Ratio Decidendi

There was no evidence that Mr A was unsuitable to be Mrs F's attorney except for Mrs F's conditional preference for an independent receiver if family hostility persisted. Hostility between siblings did not impede administration or cause significant distress to the donor. The donor's choice should be respected absent clear evidence of incompetence or abuse.

Court Disposition

appeal allowed

Orders

  • Registration of the power of attorney ordered.
  • No order as to costs of the appeal.