E, Re Enduring Power of Attorney [2000] EWCOP 1561 (18 February 2000)

E, Re Enduring Power of Attorney [2000] EWCOP 1561 (18 February 2000)

The 1992 enduring power of attorney was not revoked by the 1997 power because there was no unequivocal conduct or intention to revoke, and the two instruments were not inconsistent. Mrs Y and Mrs Z are not unsuitable to be attorneys as the evidence does not establish unsuitability, and the donor's wishes should be respected.

Citation
[2000] EWCOP 1561
Parties
Appellant: Mrs X; Respondent: Mrs Y; Respondent: Mrs Z
Jurisdiction
England and Wales
Judgment Date
18 February 2000
Procedural Posture
Appeal / Judgment After Rehearing
Outcome
Appeal dismissed
Legal Topics
Enduring Powers of Attorney, Revocation of Powers of Attorney, Suitability of Attorneys, Agency Law
Mental Capacity Law Equity and Trusts Enduring Powers of Attorney Revocation of Powers of Attorney Suitability of Attorneys Agency Law

Case Brief

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Parties

Mrs X

Appellant

Mrs Y

Respondent

Mrs Z

Respondent

Procedural Posture

Appeal / Judgment After Rehearing

Legal Issues

  1. 1 Whether the 1992 enduring power of attorney was revoked by the 1997 power
  2. 2 Whether Mrs Y and Mrs Z are unsuitable to be Mrs E's attorneys

Ratio Decidendi

The 1992 enduring power of attorney was not revoked by the 1997 power because there was no unequivocal conduct or intention to revoke, and the two instruments were not inconsistent. Mrs Y and Mrs Z are not unsuitable to be attorneys as the evidence does not establish unsuitability, and the donor's wishes should be respected.

Court Disposition

Appeal dismissed

Orders

  • The 1992 enduring power of attorney is to be registered forthwith.