T OS v C OS (Approved) [2025] IEHC 538 (20 March 2025)

T OS v C OS (Approved) [2025] IEHC 538 (20 March 2025)

An attorney under an Enduring Power of Attorney executed under the Powers of Attorney Act 1996 does not have authority to represent the donor in divorce proceedings, as divorce involves status issues beyond business and financial affairs; a guardian ad litem must be appointed to represent the incapacious respondent.

Citation
[2025] IEHC 538
Parties
Applicant: T OS; Respondent: C OS
Jurisdiction
Ireland
Judgment Date
20 March 2025
Procedural Posture
Family Law Divorce / Interlocutory Judgment Regarding Representation of Incapacious Respondent
Outcome
Appointment of guardian ad litem for Respondent; proceedings to be reconstituted accordingly.
Legal Topics
Enduring Power of Attorney, Divorce, Appointment of Guardian Ad Litem, Capacity and Consent in Divorce Proceedings
Family Law Mental Capacity Law Enduring Power of Attorney Divorce Appointment of Guardian Ad Litem Capacity and Consent in Divorce Proceedings

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Parties

T OS

Applicant

C OS

Respondent

Procedural Posture

Family Law Divorce / Interlocutory Judgment Regarding Representation of Incapacious Respondent

Legal Issues

  1. 1 Whether an attorney under an Enduring Power of Attorney can represent a donor in divorce proceedings
  2. 2 Scope of authority under the Powers of Attorney Act 1996
  3. 3 Appropriate representation for incapacious respondent in divorce proceedings

Ratio Decidendi

An attorney under an Enduring Power of Attorney executed under the Powers of Attorney Act 1996 does not have authority to represent the donor in divorce proceedings, as divorce involves status issues beyond business and financial affairs; a guardian ad litem must be appointed to represent the incapacious respondent.

Court Disposition

Appointment of guardian ad litem for Respondent; proceedings to be reconstituted accordingly.

Orders

  • Guardian ad litem to be appointed for Respondent; parties to propose suitable candidate.
  • In-camera rule lifted to allow attorney and sibling to attend.