The High Court dismissed an objection to registering an enduring power of attorney made by an elderly woman in 2012 and directed that the power be registered. The sole objection pursued at the hearing was that the woman’s daughter, appointed as attorney, was unsuitable to act in that role.
The woman’s youngest son objected under section 10 of the Powers of Attorney Act 1996. He had initially raised other grounds, including alleged invalidity of the power, but abandoned all objections except suitability. The judgment says allegations that his mother lacked capacity or had been coerced into signing were withdrawn and were not supported by evidence.
The court found that the woman understood the document and had capacity when she signed it in July 2012. It noted that the power was properly executed and included statements from a solicitor and a medical practitioner. The judgment also records that a geriatric medicine consultant advised in 2012 that an enduring power of attorney should be considered. In September 2015, after the woman had moved into nursing home care, the consultant reported severe cognitive impairment, diagnosed Alzheimer’s dementia and said she was no longer capable of managing her affairs.
The son’s objection focused largely on his sister’s decision to sell their mother’s Dublin home. The house was vacant, had been broken into and had sustained water damage. The daughter said the sale would help meet a nursing home care shortfall of about €1,000 a month, as well as the property’s ongoing costs. The house was withdrawn from the market after the objection.
The son favoured letting the property. The court noted that selling would change the home from a non-cash to a cash asset under the Fair Deal Scheme, removing the three-year cap on the relevant contribution from the home’s value. The judge also considered the practical and financial burdens of renting the property, including management, tax and tenancy obligations.
Applying section 10(3)(d), the judge said the burden rested on the objector and that criticism must be more fundamental than a lack of management skill. He concluded the daughter’s decision to sell was reasonable and did not make her unsuitable. The court dismissed the objection and directed registration of the enduring power of attorney; it did not make an order requiring the home to be sold.