D v. T

D v. T

Because the breakdown of relationships and pervasive distrust between T and the other siblings made joint exercise of the three sons' authority impracticable and would cripple management of CTF's estate, the court held that continuing the enduring power would not be in CTF's best interests; the enduring power was...

Source-derived case information.

Citation
[2025] HKCFI 1726
Parties
Applicant: D; Interested Party: T; Mentally Incapacitated Person: CTF
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 March 2025
Case Number
HCMH69/2023
Procedural Posture
Mental Health (part Ii, Mental Health Ordinance) / Adjourned Hearing on Revocation of Enduring Power of Attorney and Appointment and Powers of a Committee
Outcome
Enduring power of attorney revoked; committee appointed and powers determined.
Legal Topics
Revocation of Enduring Power of Attorney, Appointment of Committee of Estate, Best Interests of Mentally Incapacitated Person, Donor Autonomy Vs Welfare
Source Language
en
Mental Health Law Enduring Powers of Attorney Trusts and Estates Guardianship and Administration Revocation of Enduring Power of Attorney Appointment of Committee of Estate Best Interests of Mentally Incapacitated Person Donor Autonomy Vs Welfare

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

D

Applicant

T

Interested Party

CTF

Mentally Incapacitated Person

Procedural Posture

Mental Health (part Ii, Mental Health Ordinance) / Adjourned Hearing on Revocation of Enduring Power of Attorney and Appointment and Powers of a Committee

Legal Issues

  1. 1 Whether the enduring power of attorney dated 2 December 2020 should be revoked pursuant to s13(1)(e) Enduring Powers of Attorney Ordinance Cap 501
  2. 2 Who should be appointed as committee of the estate of CTF
  3. 3 What powers and access should be given to the committee and to excluded family members

Ratio Decidendi

Because the breakdown of relationships and pervasive distrust between T and the other siblings made joint exercise of the three sons' authority impracticable and would cripple management of CTF's estate, the court held that continuing the enduring power would not be in CTF's best interests; the enduring power was revoked, a four‑member committee (excluding T) was appointed with approved powers, and T was granted information and access subject to CTF's wishes while denying intrusive real‑time CCTV access.

Court Disposition

Enduring power of attorney revoked; committee appointed and powers determined.

Orders

  • Revoke the enduring power of attorney dated 2 December 2020 pursuant to s13(1)(e) Enduring Powers of Attorney Ordinance Cap 501.
  • Appoint D, S, TW and WP as committee of the estate of CTF and approve the committee powers in the applicant's draft order subject to agreed modifications.