E.M. v M.M. (Approved) [2023] IEHC 238 (11 April 2024)

The court found that two consultant geriatricians and the Donor's GP provided structured, specialist evidence confirming the Donor's lack of capacity, outweighing the less structured opinion of a retired cardiovascular specialist. The functional approach to capacity assessment was satisfied, justifying registration of the EPA.

Citation: [2023] IEHC 238
Parties: Applicant: E. M.; Respondent: M. M.
Jurisdiction: Ireland
Judgment Date: 11 April 2024
Procedural Posture: Application for Registration of Enduring Power of Attorney / High Court Ruling
Outcome: Enduring Power of Attorney registered; request for further capacity assessment refused.
Legal Topics: Enduring Power of Attorney, Capacity Assessment, Registration of EPA

Mental Capacity Law Elder Law Enduring Power of Attorney Capacity Assessment Registration of EPA

Case Brief

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Parties

E. M.

Applicant

M. M.

Respondent

Procedural Posture

Application for Registration of Enduring Power of Attorney / High Court Ruling

Legal Issues

1 Whether the Donor lacks capacity to manage her affairs under the Powers of Attorney Act 1996
2 Whether the Enduring Power of Attorney should be registered

Ratio Decidendi

Court Disposition

Enduring Power of Attorney registered; request for further capacity assessment refused.

Orders

Registration of the Enduring Power of Attorney executed by the Donor on 28 May 2014
Refusal of application for further capacity assessment