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Enduring power of attorney registration upheld despite family objections
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High Court upholds the registration of an Enduring Power of Attorney (EPA) after the donor's husband passed away and objections were raised by the donor and her son, on the grounds that the donor was of unsound mind and incapable of managing her affairs based on assessments from two consultant geriatricians and the donor's long-standing general practitioner; and despite the son's request for a further assessment and the donor's own affidavit claiming capability, the court declines additional assessments, citing the overwhelming medical evidence supporting the EPA's registration.
Enduring Power of Attorney (EPA) - capacity assessment - Alzheimer's type dementia - cognitive impairment - mini mental state examination (MMSE) - Montreal cognitive assessment - consultant geriatrician - general practitioner - Assisted Decision-Making (Capacity) Act 2015 - registration of EPA - objections to EPA - functional approach to capacity - cognitive testing - medical evidence - refusal of further assessment.
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