Application concerning the validity of competing powers of attorney for an elderly incapable person and the conduct of family members acting as attorneys for property.
The court determined that a 2011 power of attorney appointing three children jointly was valid and revoked an earlier 2010 power appointing one child as sole attorney.
However, due to misconduct including transferring the incapable person’s assets into joint accounts and joint tenancy, that child was removed as attorney for property.
The court declined to appoint the Public Guardian and Trustee or a financial institution as guardian, finding the remaining attorneys capable of acting.
The court also resolved disputes on passing of accounts and awarded costs relating to a Mareva injunction and the proceedings.
