Category:EPA cases - severance of restrictions incompatible with a joint appointment
From Mental Health Law Online
The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
| Page and summary | Date added to site | Categories |
|---|---|---|
| Re Berg (2010) COP 31/12/10 — The donor made an EPA appointing A and B to act jointly. He then added: "so long as neither Attorney dies or is incapacitated in which eventuality the other Attorney is empowered to act on his own". On the application of the attorneys the court severed the restriction as being incompatible with a joint appointment. [OPG summary - EPA case.] | 2011-01-30 | 2010 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with a joint appointment, No transcript |
| Re Williamson (2010) COP 25/10/10 — The donor appointed A, B and C to act jointly. He then imposed the following restriction: "The said B and C shall not exercise their authority under this Power whilst my wife is alive and able to act as my attorney." On the application of the attorneys the court severed the restriction as being incompatible with a joint appointment. [OPG summary - EPA case.] | 2010-11-28 | 2010 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with a joint appointment, No transcript |
| Re Shepherd (2009) COP 13/3/09 — The donor appointed three attorneys to act jointly, adding the words "Any two out of the three attorneys shall have power to sign jointly on my behalf". The court severed these words as being incompatible with a joint appointment. [OPG summary - EPA case.] | 2009-11-29 | 2009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with a joint appointment, No transcript |
| Re Bainbridge (2009) COP 10/3/09 — The donor appointed her three children to act jointly, adding the restriction "PROVIDED THAT in the event that any one or more of my said children shall die or shall for any other reason be unable to act as my Attorneys then I appoint my remaining children to be my Attorneys for the purpose of the Enduring Powers of Attorney Act 1985 and in the event that only one of my said children shall be able to act as my Attorney then I appoint him/her as my sole Attorney for the purposes of the Enduring Powers of Attorney Act 1985." On the application of the attorneys under paragraph 4(5) of Schedule 4 of the Mental Capacity Act 2005 to determine whether the power was valid, the court severed the restriction as being incompatible with a joint appointment. (OPG summary.) | 2009-11-29 | 2009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with a joint appointment, No transcript |
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The following 4 pages are in this category.