Re Tucker (2011) COP 9/12/11
The donor appointed one attorney and one replacement attorney and then directed as follows: "My replacement attorney shall only act if my attorney is unable to act by virtue of:- (a) the power to the attorney is revoked by me; or (b) the power is terminated by reason of the death, disclaimer or other incapacity of my attorney to act as my attorney; whichever shall first occur. For the avoidance of doubt my replacement attorney shall act alone if my attorney is not able to act." On the application of the Public Guardian the words "by virtue of:- (a) the power to the attorney is revoked by me; or (b) the power is terminated" were severed because revocation of the attorney's appointment is not one of the events listed in section 13(6)(a)-(d) of the MCA that trigger the activation of the appointment of a replacement attorney. [OPG summary - LPA case.]
Summary from OPG section of Justice website.
Case title: Re Tucker (an order of the Senior Judge made on 9 December 2011)
Listed under heading: Severance of invalid restrictions as to when a replacement attorney may act
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 This is a link to an archived version of the web page (archived on 6/10/14).