SCR - Power of Attorney [2015] IEHC 308 (20 May 2015)

SCR - Power of Attorney [2015] IEHC 308 (20 May 2015)

On the balance of probabilities, the donor (SCR) did not have sufficient cognitive capacity at the date of execution to understand the nature and effect of the EPA, and the statutory requirements for independent medical certification were not met. The objection to registration is sustained and the application to register the EPA is refused.

Citation
[2015] IEHC 308
Parties
Donor: SCR; Applicant/attorney: ER; Objector/notice Party: DR; Objector/notice Party: FR
Jurisdiction
Ireland
Judgment Date
20 May 2015
Procedural Posture
Contested Application for Registration of an Enduring Power of Attorney / Judgment on Application to Register EPA Under S.10 Powers of Attorney Act 1996
Outcome
Application to register the Enduring Power of Attorney refused.
Legal Topics
Enduring Power of Attorney, Capacity to Execute Legal Instruments, Burden of Proof in Objections, Role of Medical and Legal Certification, Best Practice in Execution of EPA
Elder Law Mental Capacity Law Equity Enduring Power of Attorney Capacity to Execute Legal Instruments Burden of Proof in Objections Role of Medical and Legal Certification Best Practice in Execution of EPA

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Parties

SCR

Donor

ER

Applicant/attorney

DR

Objector/notice Party

FR

Objector/notice Party

Procedural Posture

Contested Application for Registration of an Enduring Power of Attorney / Judgment on Application to Register EPA Under S.10 Powers of Attorney Act 1996

Legal Issues

  1. 1 Whether the donor (SCR) had the capacity to execute the Enduring Power of Attorney on 1 November 2013
  2. 2 Whether the instrument creating the EPA is valid under the Powers of Attorney Act 1996
  3. 3 Whether the statutory requirements for medical and legal certification were met

Ratio Decidendi

On the balance of probabilities, the donor (SCR) did not have sufficient cognitive capacity at the date of execution to understand the nature and effect of the EPA, and the statutory requirements for independent medical certification were not met. The objection to registration is sustained and the application to register the EPA is refused.

Court Disposition

Application to register the Enduring Power of Attorney refused.

Orders

  • Refusal to register the Enduring Power of Attorney of SCR dated 1 November 2013.