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Re D'Argenio (2010) COP 9/6/10

The donor made a property and financial affairs LPA and a health and welfare LPA. In both she appointed six attorneys to act jointly and severally. In the property and affairs LPA she imposed the following restriction: "My atorneys must act jointly in relation to decisions about selling my house. They may act jointly and severally in everything else." In the health and welfare LPA she imposed the following restriction: "My attorneys must act jointly in relation to decisions I have authorised them to make about life-sustaining treatment and where I live. They may act jointly and severally for everything else." On the application of the Public Guardian the court severed both restrictions as being incompatible with a joint and several appointment. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re D'Argenio (an order of the Senior Judge made on 9 June 2010)

Heading: Severance of restrictions incompatible with a joint and several appointment

External link

No Bailii link (no transcript)

Summary on OPG website