Re Cretney (2011) COP 24/2/11

The donor made an LPA on the "new" form prescribed in 2009 but omitted the attorney's date of birth in Part A. The Public Guardian refused to register on the ground that the instrument differed materially from the prescribed form. On the application of the attorney (who was over 18) the court declared in the exercise of its discretion under paragraph 3(2) of Schedule 1 of the MCA that the instrument was to be treated as if it were in the prescribed form. [OPG summary - LPA case.]


Summary from OPG website.

Title: Re Cretney (an order of the Senior Judge made on 24 February 2011)

Heading: Attorney's date of birth missing

External link

No Bailii link (no transcript)

Summary on OPG website