Re Gunn [2012] MHLO 97 (LPA)

The donor made LPAs for property and financial affairs and for health and welfare. The donor's signature was witnessed in both LPAs, but in the health and welfare instrument the witness failed to state his address and registration of this LPA was refused by the Office of the Public Guardian. On the attorney's application for an order that the instrument should be treated as if it were in the prescribed form, the court exercised its discretion under paragraph 3(2) of Schedule 1 of the MCA and declared that the instrument was to be treated as if it were an LPA for health and welfare. The court considered it relevant that the witness had stated his full address in the LPA for property and financial affairs which was executed on the same day. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Gunn (an order of the Senior Judge made on 8 August 2012)

Listed under heading: Whether the instrument is in prescribed form

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).