Re Cloutt (2008) COP 7/11/08

The donor made an EPA in October 2000 appointing NatWest Bank as attorney. This was registered in March 2008. In April 2008 the donor executed an instrument intended to be a Lasting Power of Attorney, appointing a different attorney, and executed a deed revoking the EPA. In the LPA the Part B certificate was provided by a medical practitioner, who had confirmed that he was satisfied that the donor was able to make an LPA. In June 2008 the LPA attorney applied to court for an order confirming the revocation of the EPA (as required by paragraph 15 of Schedule 4 of the MCA). The Senior Judge made a directions order in August 2008 requiring the submission of further evidence on the ground that the revocation of an EPA is a different transaction from the creation of an LPA, and capacity to create an LPA is not necessarily the same as capacity to revoke an EPA. Thus a doctor’s certification of an LPA is not of itself sufficient proof of capacity to revoke an EPA. On considering the further evidence subsequently provided by the doctor and the donor’s solicitor, the court was satisfied that the donor had capacity to revoke the EPA. A final order was made confirming the revocation of the EPA and directing the Public Guardian to cancel its registration. [OPG summary - EPA case.]


The summary above is taken from the OPG website. It is listed under the heading "Capacity to revoke EPA: test is not the same as for creation of LPA" as "Re Cloutt (an order of the Senior Judge made on 7 November 2008)".

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Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).