The High Court in Northern Ireland has ordered the registration of an Enduring Power of Attorney (EPA) for a 30-year-old man with cerebral palsy and a learning disability, overturning a decision by Master Wells that had refused the application. Mr Justice Humphreys delivered the ruling on 13 April 2026, finding that the man, identified only as JG, had the requisite capacity to execute the EPA and that his autonomy should be respected.

JG received a court-awarded damages settlement of £3,242,690.05 in March 2009, following a medical negligence claim. The sum was placed in court under the direction of the Accountant General. On reaching adulthood, his parents were appointed as controllers of his affairs. His mother continued as sole controller until May 2024, when a solicitor from Cleaver Fulton Rankin, Michael Graham, was appointed as co-controller.

In October 2024, JG executed an EPA appointing his mother and Cleaver Fulton Rankin Trustees Limited as joint attorneys under the Enduring Powers of Attorney (Northern Ireland) Order 1987. An application was then made to discharge the controllership order and register the EPA. Master Wells refused the application in June 2025, citing concerns about the medical evidence, a potential conflict of interest involving Mr Graham, and the loss of court oversight over a substantial compensation fund.

Two psychiatric assessments were central to the appeal. A first report from Dr English, dated April 2024, found JG lacked the capacity to execute an EPA at that time. A second report from the same expert in October 2024 concluded he had gained the necessary capacity. On appeal, a further report was commissioned from Dr Patrick Hann, dated February 2026, which also concluded JG had the capacity required. Both experts assessed JG against the four-part test established in the English case Re K; Re F [1988], which requires a donor to understand that an attorney will have complete authority over their affairs, can deal with their property as they themselves could, that the authority continues if the donor becomes mentally incapable, and that the power becomes irrevocable without court confirmation in such circumstances.

Mr Justice Humphreys accepted the psychiatric evidence and found the capacity threshold had been met. He stated that the modern legal approach, as reflected in the Mental Capacity Act (Northern Ireland) 2016, is to empower individuals to make their own decisions and to respect those decisions. He held that a paternalistic approach by the court is only appropriate where capacity is found to be lacking.

The judge also addressed the Master's concerns about oversight. He noted that attorneys under a registered EPA owe fiduciary duties and that the court retains supervisory powers under Article 10(2) of the 1987 Order, including the ability to direct attorneys, require accounts and records, and order repayment of excessive remuneration. He found no conflict of interest in Mr Graham acting as solicitor while the firm's trust company served as attorney, describing the arrangement as striking a sensible balance.

The judgment also identified practical advantages to the EPA arrangement. Evidence before the court indicated that delays in accessing court-held funds had left JG's swimming pool out of use for two years. Financial planning reports indicated that steps to reduce JG's annual tax liability were not being taken under the current arrangements. The judge noted that registration of the EPA would allow use of ISA allowances, pension contributions, and other mechanisms to manage the appellant's tax position more effectively.

The court ordered the controllership order discharged, the EPA registered, and the investments transferred out of the Court Funds Office in accordance with the written directions of the attorneys. The costs of the application and appeal, including those of the Official Solicitor, are to be met from JG's funds.