Re Bainbridge (2009) COP 10/3/09

The donor appointed her three children to act jointly, adding the restriction "PROVIDED THAT in the event that any one or more of my said children shall die or shall for any other reason be unable to act as my Attorneys then I appoint my remaining children to be my Attorneys for the purpose of the Enduring Powers of Attorney Act 1985 and in the event that only one of my said children shall be able to act as my Attorney then I appoint him/her as my sole Attorney for the purposes of the Enduring Powers of Attorney Act 1985." On the application of the attorneys under paragraph 4(5) of Schedule 4 of the Mental Capacity Act 2005 to determine whether the power was valid, the court severed the restriction as being incompatible with a joint appointment. (OPG summary.)


The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with a joint appointment" as "Re Bainbridge (an order of the Senior Judge made on 10 March 2009)".

External link

No Bailii link (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Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).