A.A. -v- F.F. [2014] IEHC 142 (20 February 2015)

A.A. -v- F.F. [2014] IEHC 142 (20 February 2015)

An attorney acting under a registered enduring power of attorney is an agent, not a trustee, and is obliged to account to the High Court only when cause is shown on application by an interested party; there is no general obligation to account to family members or to file accounts with the court, and the court's supervisory role is not akin to wardship but is limited to statutory powers exercisable for cause.

Citation
[2014] IEHC 142
Parties
Applicants: A. A., B. B., C. C., D. D., E. E.; Respondent: F. F.
Jurisdiction
Ireland
Judgment Date
20 February 2015
Procedural Posture
Originating Notice of Motion / Judgment on Preliminary Legal Issues
Outcome
Directions granted in part; attorney required to furnish specified information to the court.
Legal Topics
Enduring Power of Attorney, Supervision of Attorneys, Fiduciary Duties, Court's Supervisory Role, Wardship Vs. Power of Attorney
Equity Elder Law Agency Law Enduring Power of Attorney Supervision of Attorneys Fiduciary Duties Court's Supervisory Role Wardship Vs. Power of Attorney

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Parties

A. A., B. B., C. C., D. D., E. E.

Applicants

F. F.

Respondent

Procedural Posture

Originating Notice of Motion / Judgment on Preliminary Legal Issues

Legal Issues

  1. 1 Whether and to what extent an attorney under a registered enduring power of attorney is obliged to account to the High Court
  2. 2 Whether and to what extent an attorney is obliged to account to other persons in a close family connection with the donor
  3. 3 The role of the High Court in supervising attorneys under registered enduring powers of attorney

Ratio Decidendi

An attorney acting under a registered enduring power of attorney is an agent, not a trustee, and is obliged to account to the High Court only when cause is shown on application by an interested party; there is no general obligation to account to family members or to file accounts with the court, and the court's supervisory role is not akin to wardship but is limited to statutory powers exercisable for cause.

Court Disposition

Directions granted in part; attorney required to furnish specified information to the court.

Orders

  • Attorney to furnish to the court a report from her accountant including details and valuations of the donor's assets, estate of the late co-attorney, income, tax paid, expenditure analysis for 2012-2014, nursing and medical expenses for the past 12 months, projected income for 2015, and details regarding the...