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Re Ferguson (2010) COP 26/10/10

The donor appointed three attorneys, A, B and C, to act jointly and severally. She then imposed the following restrictions: "I wish my attorneys to act as follows: A to act independently. B and C to act only in the event that A is deceased or unable to act. In these circumstances B and C may act independently." "I wish my attorneys to act only when I lack capacity to act. A may judge for himself when I lack capacity to act. B and C must agree together that I lack capacity to act. Alternatively, should either of them wish, then at my expense they may seek medical and, if necessary, legal advice as to whether or not I have capacity to act." On the application of the Public Guardian both restrictions were severed as being incompatible with a joint and several appointment. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Ferguson (an order of the Senior Judge made on 26 October 2010)

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

External link

No Bailii link (no transcript)

Summary on OPG website