Sisters win against brother’s ‘power of attorney’ claim

Two sisters have got a High Court order preventing their brother getting power of attorney over the affairs of their father who suffers from dementia.

The sisters claimed their father did not have capacity to consent to enduring power of attorney, giving the son control over the father’s general affairs, including finances and property with no express limitations. They also claimed undue influence or fraud was used to induce him to hand over power.

The brother said his father was aware of what he was doing and had been aware enough to express concern about how a shortfall in payments to a nursing home he was living in would be met.