Category

EPA cases - substitute atorneys


The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
Re Dickenson (2010) COP 12/11/10The donor appointed two attorneys to act jointly and severally and imposed the following restriction: "My professional Attorneys may at any time appoint a substitute to act as my attorney and may revoke the appointment without giving reason. Every appointment is to be in writing signed by my Attorney. Every substitute has full powers as my attorney, as if appointed by this Deed, except the power to appoint a substitute." On the application of an attorney the court severed the restriction. Paragraph 2(6) of Schedule 4 of the MCA 2005 provides that "A power of attorney which gives the attorney a right to appoint a substitute or successor cannot be an enduring power." [OPG summary - EPA case.] 2010‑11‑28 20:41:47 2010 cases, Brief summary, EPA cases - substitute atorneys, Judgment does not exist, No transcript


Re Farrow (2010) COP 18/8/10The donor appointed A to be her attorney and then appointed B to act in the event that A should be unable or unwilling to act or died. The donor then stated that A and B should act jointly and severally. On the application of the attorneys the court severed the words "jointly and severally", so that the instrument could be registered as an EPA appointing A as primary attorney and B as substitute attorney. [OPG summary - EPA case.] 2010‑09‑02 19:18:38 2010 cases, Brief summary, EPA cases - substitute atorneys, Judgment does not exist, No transcript


Re Bax (2009) COP 22/10/09The donor appointed A and B to act jointly, and then provided that "In the event A is unable or unwilling to act as my attorney then I appoint C." On the attorneys' application the court severed the appointment of C. Although a donor may appoint a substitute attorney, the appointment must not be incompatible with a joint appointment of the original attorneys. [OPG summary - EPA cases.] 2010‑01‑20 19:02:21 2009 cases, Brief summary, EPA cases - substitute atorneys, Judgment does not exist, No transcript


Re Ellis (2009) COP 17/11/09The donor appointed his wife as the original attorney and then appointed his two children as substitute attorneys to act in the event that the original attorney should be unable to act. However, the donor failed to specify whether the substitute attorneys should act jointly or jointly and severally. On the application of the attorneys, the appointment of the substitute attorneys was severed. Although the decision in Re J confirmed that substitute attorneys may be appointed in an EPA, the appointment of two or more substitutes is invalid if the donor has not specified that they are to act either jointly or jointly and severally. [OPG summary - EPA case.] 2009‑11‑25 23:56:25 2009 cases, Brief summary, EPA cases - substitute atorneys, Judgment does not exist, No transcript


Re J (Enduring Power of Attorney) [2009] EWHC 436 (Ch)An Enduring Power of Attorney appointing successive or alternative attorneys is valid if it is stated for each set of attorneys, in the event that they exercise the power, whether they must exercise it jointly or jointly and severally. 2009‑03‑12 19:40:15 2009 cases, Brief summary, EPA cases - substitute atorneys, Judgment available on Bailii, Transcript