M.L. -v- D.W. [2016] IEHC 164 (08 April 2016)

M.L. -v- D.W. [2016] IEHC 164 (08 April 2016)

The Attorney's decision to sell the Donor's house was reasonable, rational, and responsible in the circumstances, and does not render her unsuitable to act as Attorney. The objection failed to meet the threshold required under s.10(3)(d) of the Powers of Attorney Act 1996.

Citation
[2016] IEHC 164
Parties
Applicant: M. L.; Respondent: D. W. (otherwise D. B.)
Jurisdiction
Ireland
Judgment Date
08 April 2016
Procedural Posture
Application for Registration of Enduring Power of Attorney / Objection to Registration—hearing and Judgment
Outcome
Objection dismissed; registration of Enduring Power of Attorney directed.
Legal Topics
Enduring Power of Attorney, Objection to Registration, Attorney Suitability, Capacity, Nursing Home Support Scheme
Elder Law Equity and Trusts Enduring Power of Attorney Objection to Registration Attorney Suitability Capacity Nursing Home Support Scheme

Case Brief

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 2 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

M. L.

Applicant

D. W. (otherwise D. B.)

Respondent

Procedural Posture

Application for Registration of Enduring Power of Attorney / Objection to Registration—hearing and Judgment

Legal Issues

  1. 1 Whether the Attorney (M. L.) is unsuitable to act as Attorney for the Donor under the Enduring Power of Attorney
  2. 2 Whether the decision to sell the Donor's house renders the Attorney unsuitable
  3. 3 Whether the Enduring Power of Attorney was validly executed

Ratio Decidendi

The Attorney's decision to sell the Donor's house was reasonable, rational, and responsible in the circumstances, and does not render her unsuitable to act as Attorney. The objection failed to meet the threshold required under s.10(3)(d) of the Powers of Attorney Act 1996.

Court Disposition

Objection dismissed; registration of Enduring Power of Attorney directed.

Orders

  • Objection to registration of Enduring Power of Attorney is dismissed.
  • Registration of the Enduring Power of Attorney is directed.