Category:LPA cases - eligibility of certificate provider
From Mental Health Law Online
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| Page and summary | Date added to site | Categories |
|---|---|---|
| Re Putt (2011) COP 22/3/11 — (1) Two LLP partners were appointed attorneys; the certificate provider, as an associate at the same firm, was ineligible to act; (2) A direction that 'My attorneys (or any of them) may delegate in writing any of his, her or their functions to any person and shall not be responsible for the default of that person (even if the delegation was not strictly necessary or expedient) provided that he, she or they took reasonable care in his, her or their selection and supervision' was 'not simply contrary but almost repugnant to the special relationship of personal obligation and faith that one might reasonably expect to exist between a donor and the attorney of an LPA'. | 2011-05-26 | 2011 cases, Brief summary, LPA cases - all, LPA cases - appointment of substitute by an attorney, LPA cases - eligibility of certificate provider, Transcript |
| Re Kittle (2009) COP 1/12/09 — Regulation 8(3) of the LPA, EPA and PG Regulations 2007 sets out categories of persons who cannot act as certificate provider. Included in the list is "a family member" of the donor or of the attorney (or of the owner, director, manager or employee of any care home in which the donor is living when the instrument is executed). In this case the certificate provider was the donor's first cousin. The Public Guardian declined to register the instrument on the ground that a first cousin was a family member of the donor. The court ruled that a first cousin is not a family member, and so the LPA was valid. [OPG summary.] | 2009-12-15 | 2009 cases, Brief summary, LPA cases - all, LPA cases - eligibility of certificate provider, Transcript |
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The following 2 pages are in this category.