A Son v A Daughter

[1]������� The mother (�the Donor�) executed an enduring power of attorney (�EPA�) on 8 September 2018 appointing her son (�the appellant�) as her attorney. �On 26 May 2021 the appellant applied for registration of the EPA relying on the opinion of a consultant psychiatrist as to the Donor�s capacity.� An objection to the registration was lodged by the Donor�s daughter (�the daughter�). �Further objections on similar grounds were received from three of the daughter�s children.

[3]������� The daughter sent an email to Master Wells on 12 August 2021 which resulted in Master Wells reviewing the matter and making certain directions on 17 August 2021. �Included in that direction was an order that the registered EPA should not be used pending a hearing. �On 24 August 2021 the appellant appealed against the direction of the Master.

[4]������� The main ground of appeal is that the email of 12 August 2021 should not have been considered by Master Wells as it was not a formal notice of appeal and was, in any event, out of time. �The appellant asserts that Master Wells erroneously prohibited the use of the registered EPA and then issued directions for a hearing by which she would be conducting an appeal of her own order.

[5]������� The relevant legislative provisions are contained in the Enduring Power of Attorney (NI) Order 1987 (�the 1987 Order�) and Order 109A of the Rules of the Court of Judicature (�Order 109A�).

[6]������� I do not consider that Master Wells has in any way sought to revoke her original order. �On receipt of the email of 12 August 2021 she decided that further enquiry should be made relating to the EPA and its registration.� She then imposed an embargo on the use of the EPA as a precaution against dissipation of the Donor�s assets pending determination of the issues raised in the email.