LCR v SC & ors [2021] WTLR 229

Spring 2021 #182

An 85-year-old woman (KC) executed two lasting powers of attorney (LPAs), one for the management of her property and affairs, and the other for welfare decision-making. She had been assessed, eight days prior to execution of the LPAs, by a specialist mental health practitioner as having capacity to execute the LPAs notwithstanding a diagnosis of Alzheimer’s Dementia. Both LPAs appointed all four of KC’s daughters as her attorneys. One daughter (LCR) declined to execute the LPAs, maintaining at the time that KC lacked the requisite capacity to grant the LPAs.

LCR issued an applicat...