The applicant son brought an urgent motion to suspend the 2024 powers of attorney appointing the respondent daughter as the attorney for property and personal care for their incapable mother.
The applicant alleged elder abuse and neglect by the respondent.
The court found the applicant's evidence of misconduct unreliable and often contradicted by medical and functional assessments.
Applying the test for terminating a power of attorney, the court held the applicant failed to show strong and compelling evidence of misconduct or neglect.
The motion was dismissed on an interim interim basis, the 2024 powers of attorney remained in force, and the mother was permitted to return to the respondent's care.
The respondent was awarded substantial indemnity costs of $45,000.
