Enduring Power of Attorney (English Law)

I work for a local aothority and have taken an enduring power of attorney to the Small Claims Court for unpaid residential home fees in respect of the donor of the EPA. At court, the district judge strongly suggested that I shoulfd have sued the donor and it was up to him to sue the epa. The donor no longer has mental capacity. The case has been adjourned pending both sides submitting further evidence. Any opionion as to liability would be appreciated.