The applicants sought a declaration that a 2018 Power of Attorney executed by the elderly mother was valid, or alternatively, to remove the respondent daughter from a prior 2017 Power of Attorney.
The parties raised competing allegations of financial abuse and presented conflicting medical reports regarding the mother's capacity.
The court found that the material facts in dispute and the conflicting medical evidence could not be resolved on a paper record.
The court ordered the application converted to an action to allow for pleadings, discovery, and a trial.
