N.B. & Anor -v- C.B. & Anor (Approved) [2020] IEHC 216 (06 May 2020)

N.B. & Anor -v- C.B. & Anor (Approved) [2020] IEHC 216 (06 May 2020)

Objectors failed to discharge the onus of proving unsuitability of the attorneys; donor had capacity when key decisions were made; family hostility and alleged mismanagement did not reach threshold for unsuitability; objections barred by acquiescence; registration granted with directions; costs awarded to applicants subject to discount for agreed directions.

Citation
[2020] IEHC 216
Parties
Applicant: N. B.; Applicant: J. B.; Respondent: C. B.; Respondent: I. B.
Jurisdiction
Ireland
Judgment Date
06 May 2020
Procedural Posture
Application Under Powers of Attorney Act 1996 / Final Judgment and Postscript Orders
Outcome
Application granted; enduring power registered; directions issued; costs awarded to applicants (discounted).
Legal Topics
Enduring Power of Attorney, Registration of Power, Attorney Suitability, Costs, Directions Under S. 12(2)
Elder Law Family Law Property Law Enduring Power of Attorney Registration of Power Attorney Suitability Costs Directions Under S. 12(2)

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Parties

N. B.

Applicant

J. B.

Applicant

C. B.

Respondent

I. B.

Respondent

Procedural Posture

Application Under Powers of Attorney Act 1996 / Final Judgment and Postscript Orders

Legal Issues

  1. 1 Whether the attorneys are unsuitable for registration under s. 10 of the Powers of Attorney Act 1996
  2. 2 Whether family hostility or alleged mismanagement amounts to unsuitability
  3. 3 Whether objections are barred by acquiescence

Ratio Decidendi

Objectors failed to discharge the onus of proving unsuitability of the attorneys; donor had capacity when key decisions were made; family hostility and alleged mismanagement did not reach threshold for unsuitability; objections barred by acquiescence; registration granted with directions; costs awarded to applicants subject to discount for agreed directions.

Court Disposition

Application granted; enduring power registered; directions issued; costs awarded to applicants (discounted).

Orders

  • Enduring power registered under s. 10 Powers of Attorney Act 1996.
  • Directions under s. 12(2) issued regarding donor's residence, financial management, sale of shares, reporting to siblings, and payment of care expenses.