The donor made an LPA appointing A as the original attorney and B and C as replacement attorneys, the latter to act jointly. She imposed the following restriction in relation to the replacement attorneys: "If for any reason one of my replacement attorneys is unable or unwilling to act, the remaining replacement attorney is then permitted to act solely under my LPA". On the application of the Public Guardian the restriction was severed as being incompatible with the joint appointment of the replacement attorneys. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Warner (an order of the Senior Judge made on 31 August 2010)

Heading: Severance of restrictions incompatible with a joint appointment

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website