In re F (Enduring power of Attorney): ChD 2 Apr 2004

Mrs F had given an enduring power to her son, but then became incapable and the power was registered. Her daughter had in the meantime applied to be appointed as her receiver. There was particular bitterness between the brother and sister. F called in the Lord Chancellor’s medical visitor and asked that her children settle their differences, and if they could not, then an independent receiver should be appointed.
Held: The issue was not whether the attorney appointed was suitable, but whether he was unsuitable. The master had held that the enduring power would continue to be a stumbling block to any reconciliation, however the only proper question was whether the mother’s more recently expressed view made him unsuitable. In a complex administration, co-operation between siblings might be necessary, but in simpler cases it might not. This was a simple case, and there was no evidence that the appointment of an independent receiver would do anything to reduce the hostility. Without clear evidence that the hostility would adversely affect the administration under the power, the power should be registered.


Patten J


Times 29-Apr-2004


Enduring Powers of Attorney Act 1985 6(5)(e), Mental Health Act 1983 99


England and Wales


CitedX v Y, Z sub nom In re E (Enduring power of attorney) ChD 18-Feb-2000
The application was an appeal against an order registering an enduring power of attorney. The appeal from Master Lush was by way of rehearing. The donor had executed two powers. The second was invalid, and the donees of the first power sought to . .
CitedIn Re W (Enduring Power of Attorney) CA 9-Jan-2001
A party who objected to the registration of an enduring power of attorney on the basis that the donor had not had the mental capacity to sign it, had the burden of proving that assertion.
Held: Hostility between the donee of a power and other . .
Lists of cited by and citing cases may be incomplete.

Agency, Family

Updated: 04 June 2022; Ref: scu.196575