Published 29 November 2016
Capacity to appoint enduring power of attorney — Protection of Personal and Property Rights Act 1988, ss 10,100 and 102. The primary issue determined was whether the subject person had capacity at the time of executing the enduring powers of attorney. The onus of establishing that the subject person did not have capacity was on the applicant, and the threshold was the balance of probabilities. It was found on the evidence that the subject person lacked capacity when signing the enduring powers of attorney. The finding of invalidity was made under s 102. A welfare guardian and property manager were then appointed. The applicant was appointed the welfare guardian and the Public Trust appointed property manager. Judgment Date: 9 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *
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