We were instructed by J, who had objected to the registration of his mother's Enduring Power of Attorney (EPA), which appointed his 2 brothers as attorneys. At the time we were approached by J, who had been representing himself, witness statements had been exchanged and the matter listed for a final hearing.
We were concerned that the witness evidence did not address several issues which the court needed to consider, including whether J's mother had the capacity to create the EPA in the first place.
We therefore approached the solicitor acting for the brother and obtained their agreement to an adjournment of the hearing and further directions. These included obtaining a report from a Special Visitor to the court regarding the mother's capacity to create the EPA and for further witness evidence. Without the adjournment the court would have had to make a decision without the full facts of the matter, which has now been resolved with the EPA not being registered and the appointment of joint deputies instead.