BB v CC (Approved) [2024] IEHC 123 (23 February 2024)

BB v CC (Approved) [2024] IEHC 123 (23 February 2024)

The EPA executed on 27 May 2016 does not confer authority on the Attorney to make personal care decisions, including where the Donor should live, as the instrument is silent on such decisions and only directs arrangements for care at home, subject to consultation with the Donor's daughter.

Citation
[2024] IEHC 123
Parties
Applicant: BB; Respondent: CC
Jurisdiction
Ireland
Judgment Date
23 February 2024
Procedural Posture
Section 12(2)(a) Application Under Powers of Attorney Act 1996 / Judgment on Determination of Meaning/effect of EPA
Outcome
Application granted in part; court determines EPA does not confer authority for personal care decisions.
Legal Topics
Enduring Power of Attorney, Personal Care Decisions, Interpretation of Instruments
Elder Law Mental Capacity Trusts and Estates Enduring Power of Attorney Personal Care Decisions Interpretation of Instruments

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Parties

BB

Applicant

CC

Respondent

Procedural Posture

Section 12(2)(a) Application Under Powers of Attorney Act 1996 / Judgment on Determination of Meaning/effect of EPA

Legal Issues

  1. 1 Does the EPA executed on 27 May 2016 confer authority on the Attorney to make personal care decisions, including where the Donor should live?
  2. 2 Interpretation of conditions and restrictions in the EPA

Ratio Decidendi

The EPA executed on 27 May 2016 does not confer authority on the Attorney to make personal care decisions, including where the Donor should live, as the instrument is silent on such decisions and only directs arrangements for care at home, subject to consultation with the Donor's daughter.

Court Disposition

Application granted in part; court determines EPA does not confer authority for personal care decisions.

Orders

  • Order pursuant to section 12(2)(a) of the Powers of Attorney Act 1996 determining that the EPA dated 27 May 2016 does not confer authority on the Attorney to make personal care decisions, including where the Donor should live.
  • Matter adjourned for hearing on ancillary and consequential matters.