The applicant sought a declaration that her late father was incapable of granting a 2012 power of attorney for property to her brother, and an order requiring her brother to pass accounts.
The court found that while there were questions about the father's capacity, the applicant failed to rebut the presumption of capacity with clear evidence.
However, the court ordered the brother to pass his accounts from 2012 to 2025, finding cogent evidence of potential mismanagement and significant personal withdrawals from the father's bank account.
