Enduring power of attorney over mother is registered despite objections from son

Enduring power of attorney - the Donor executed an enduring power of attorney - the Powers of Attorney Act 1996 - 7 September 2020 - application is brought by two of her daughters who are attorneys - objection to registration made by the Donor’s son - donor has four children – Donor’s third daughter is supportive of the application for registration - Respondent and Donor’s fourth child are notice parties - management of affairs - enduring power of attorney is executed at a time when the donor has capacity and is ready to be activated when capacity is lost – objections included - dispute about whether there was a lack of capacity caused by medication at the time of the execution of the enduring power of attorney - the onus of proving an objection is on the objector – Court found that in light of the professional evidence objection to Donor’s lack of capacity was not made out – Respondent argued that Donors were not suitable – claimed that living outside jurisdiction – poor relationships - pressure imposed – inability to withstand pressure – health of Attorney - the Respondent’s opposition to the Second Named Attorney was much less than his opposition to the First Named Attorney - height of his objection to her appeared to be that she was a very good person but would be unduly influenced by others - Court found that family hostility is not such as would interfere with the smooth running of the administration of the affairs of the donor by the attorneys – Court noted that the Respondent had referenced in his affidavits certain joint accounts held by the donor - two accounts and neither attorney had referenced these accounts in their testimony regarding the extent of the property of the donor - donor was the beneficial owner of the funds in these accounts - Court was satisfied that there is nothing arising which renders the suitability of the attorneys at issue - Court found that there was no misconduct or mismanagement which would make the Attorneys unsuitable - Court determined that based upon concerns arising in evidence and expressed by the Respondent - direction under section 12 – Court has a responsibility to protect the donor – Court made determination of its own motion - Attorneys are to produce accounts in respect of their management of the donor’s estate annually to the notice parties.