The law allows those with capacity to take treatment decisions which on any objective view are reasonable. A power of an attorney to make gifts of the donor’s property is extremely limited and without the authorisation of the court does not extend to the making of gifts as part of inheritance tax planning.
The onus of establishing incapacity lies on the party who seeks to rebut the presumption.
Jules Sher QC said: ‘she ought to have known the law if she was to take on the responsibility of such an important fiduciary position, particularly as one of the few things expressly stated in part of the power itself is the following sentence: ‘I also understand my limited power to use the donor’s property to benefit persons other than the donor.”
Judges:
Jules Sher QC
Citations:
[2000] 1 All ER 175, [2002] MHLR 411, [2000] Ch 343, [2000] 3 WLR 45
Jurisdiction:
England and Wales
Cited by:
Cited – X 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 . .
Cited – PS, Regina (on the Application of) v Responsible Medical Officer, Dr G and others Admn 10-Oct-2003
The claimant had been compulsorily detained under the Act. He complained that the detention and compulsory medication infringed his rights, and amongst other things breached his religious beliefs.
Held: This was an exceptional case requiring . .
Lists of cited by and citing cases may be incomplete.
Health, Agency
Updated: 07 December 2022; Ref: scu.183097