Following a consent resolution of an application challenging the validity of a power of attorney, the court determined the issue of costs.
The application had questioned the capacity of an elderly individual to execute a new power of attorney appointing different attorneys for property.
After reviewing evidence including a capacity assessment raising concerns about vulnerability, the court found the applicant had acted reasonably in bringing the application and in resolving the dispute by consent.
Applying principles from estate litigation jurisprudence permitting costs to be paid from the estate where reasonable concerns about capacity arise, the court ordered that both parties recover their legal costs from the incapable person's assets.
