Re Cotterell (2010) COP 3/8/10
The donor appointed two attorneys to act jointly and severally, and imposed the following restriction: "My second named attorney may only act as my attorney if a general medical practitioner certifies that I am mentally incapable of managing my affairs and in this instance, if my first attorney is alive and mentally capable, may only act on my behalf in relation to a sale of the property which at that time is deemed to be my principal place of residence. If however my said first named attorney has passed away or is deemed by a general medical practitioner as incapable then my second named attorney may act generally on my behalf subject to no restrictions." On the application of the Public Guardian the restriction was severed as being incompatible with a joint and several appointment. [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Cotterell (an order made by the Senior Judge on 3 August 2010)
Heading: Severance of restrictions incompatible with a joint and several appointment
External link
No Bailii link (no transcript)