Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) – WLR Daily
“Section 7(1)(c) of the Enduring Powers of Attorney Act 1985 did not have the effect of preventing a person who was the attorney under a registered enduring power of attorney from benefiting himself out of the donor’s money in a manner not authorised by the enduring power of attorney without the approval of the court, provided that he was acting in a different capacity (such as that of an authorised signatory to a bank account in the donor’s name), and the donor retained sufficient mental capacity to consent to such an act and gave full, free and informed consent to its being done.”
WLR Daily, 20th March 2013
Source: www.iclr.co.uk
