Areta N. Lloyd

The applicant brought a motion for a declaration that his mother was incapable of managing property and personal care, and to validate 2015 Powers of Attorney while invalidating 2017 revocations and 2019 Powers of Attorney.

The respondent sister opposed, arguing the mother lacked capacity in 2015 and was unduly influenced by the applicant.

Relying on a court-ordered capacity assessment by a neurologist, the court found the mother had capacity in 2015 but lacked capacity by 2017.

The court dismissed the respondent's allegations of undue influence, validated the 2015 Powers of Attorney, and declared the 2017 revocations and 2019 Powers of Attorney void ab initio.

The applicant son brought a motion within an application regarding his elderly mother's capacity and the management of her property by his sister.

The mother had been diagnosed with Alzheimer's disease, but the sister disputed the diagnosis and procured new powers of attorney in her favour.

The court found reasonable grounds to believe the mother was incapable of managing her property and personal care, noting flaws in previous capacity assessments arranged by the sister.

The court ordered a comprehensive capacity assessment, a functional assessment, and conditionally ordered the sister to pass her accounts.