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 family members was not a reason to invalidate a power. The Act placed the burden on the objectors, and that burden did not shift after they had brought sufficient evidence to raise it as an issue.
Citations:
Gazette 25-Jan-2001, Times 09-Jan-2001, [2000] Ch 343
Statutes:
Enduring Powers of Attorney Act 1985 6(5)(c) 6(6)
Jurisdiction:
England and Wales
Cited by:
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Agency, Health, Family
Updated: 10 May 2022; Ref: scu.82274
