In the matter of Clara

This case involved an application for the appointment of a guardian and manager for Clara, who is 89 years old and suffering from dementia. John, Clara's son, and Susan, Clara's daughter, both applied to be appointed as Clara's guardian and manager. The central issue before the Tribunal was whether Clara had the decision-making capacity to execute two enduring powers of attorney on 28 June 2018. The Tribunal examined medical evidence, lay evidence, and the statutory provisions relevant to the making of a power of attorney. The Tribunal concluded that Clara did not have capacity to execute the 2018 documents. The Tribunal also concluded that John was not suitable to be appointed as Clara's guardian or manager because he had allowed Clara to spend her money in a manner that was not in her interests. The Tribunal dismissed both John's and Susan's applications and appointed the Public Trustee and Guardian as Clara's guardian and manager. The Tribunal also revoked the 2018 enduring powers of attorney.

The key legal issues the Tribunal had to decide were whether the Tribunal had jurisdiction to declare that the 2018 enduring powers of attorney were void, whether Clara had decision-making capacity to execute the 2018 documents, and whether a guardian and manager should be appointed for Clara, and if so, who should be appointed. The Tribunal considered the relevant statutory provisions and case law on the assessment of a person's capacity to make an enduring power of attorney. The Tribunal concluded that it did not have jurisdiction to declare that the 2018 documents were void. However, it found that Clara did not have capacity to execute the 2018 documents because she did not understand the nature and effect of making them. The Tribunal also found that John was not suitable for appointment as Clara's guardian or manager, and dismissed Susan's application for similar reasons. The Tribunal appointed the Public Trustee and Guardian as Clara's guardian and manager.