From Mental Health Law Online
(1) In Re Dunningham: The donor appointed two attorneys, A and B, to act jointly and severally. She then imposed the following restriction: "and the said B shall have no authority to act on my behalf unless the said A has died or is incapable of acting as my Attorney". On the application of the attorneys for severance, the court severed the restriction as being inconsistent with a joint and several appointment. (2) In Re Taylor: on similar facts, the court severed the words 'jointly and severally' [OPG summaries - EPA cases.]
Related judgments
- Re Taylor (2012) MHLO 24 (EPA)
- Re Dunningham (2009) COP 15/9/09
Note
The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with a joint and several appointment" as "Re Dunningham (an order of District Judge S E Rogers made on 15 September 2009)".
External link
Not on Bailii - there was no written judgment