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Court of Protection Case Reports

Denzil Lush, Master of the Court of Protection, summarises two recent decisions which explore the question of suitability to act as an attorney under an Enduring Power of Attorney

1 September 1997

Denzil Lush, Master of the Court of Protection, summarises two recent decisions which explore the question of suitability to act as an attorney under an Enduring Power of Attorney

One of the grounds on which the Court of Protection will refuse to register an enduring power of attorney, or will cancel registration and revoke a power, is "on being satisfied that, having regard to all the circumstances and in particular the attorney's relationship to or connection with the donor, the attorney is unsuitable to be the donor's attorney": Enduring Powers of Attorney Act 1985, sections 6(5)(e) and 8(4)(g).

The origin of these provisions can be found in the Law Commission's report, The Incapacitated Principal, published in July 1983. On page 30 the Commission said:

"The question should be whether the particular attorney is suitable to act as attorney for the particular donor. In short, the Court should examine carefully all the circumst...

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