POWER OF ATTORNEYEnduring power of attorney - objection to registration on ground of donor's incapacity - burden of proof on objectors to establish lack of under-standing at time of executionIn re W (Enduring Power of Attorney): CA (Peter Gibson and Arden LJJ and Sir Christopher Staughton): 11 December 2000The applicant sought registration of an enduring power of attorney granted to her by and in respect of the estate of the donor, her mother.

The applicant's brother and sister objected on the ground, among other things, that the donor lacked sufficient mental capacity to execute a valid power and that the grant was invalid under s.6(5)(a) of the Enduring Powers of Attorney Act 1985.The Master of the Court of Protection upheld the objection and declined to register the grant.On appeal by the applicant, Mr Jules Sher QC, sitting as a deputy High Court judge, [2000] Ch 343 reversed the decision and registered the grant.

The objectors appealed, contending that once there was evidence that the donor did not understand the nature and effect of the enduring power of attorney, the burden shifted to the donee to prove that the donor had the necessary understanding.David Rees (instructed by Gaby Hardwicke Yearwood & Griffiths, Bexhill-on-Sea) for the objectors.

Adrian Jack (instructed by Max Barford & Co, Tunbridge Wells) for the applicant.Held, dismissing the appeal, that where under s.6(5)(a) of the 1985 Act objection was made to the registration of a power of attorney on grounds of invalidity by reason of the incapacity of the donor, it was not necessary for the donee to show the donor had understood the nature and effect of the power; it was for the objectors to show the donor had lacked the necessary understanding to grant it.

(WLR)