Re Helmsley (2009) COP 30/11/09

The donor executed two instruments intended to be LPAs. In Part A of both instruments she omitted to tick the box to confirm that she gave her attorneys authority to act on her behalf in circumstances when she lacked capacity. The Public Guardian refused registration on the ground that the instruments were not in prescribed form. On the attorneys' application, the court exercised its discretion under paragraph 3(2) of Schedule 1 of the MCA 2005 and declared that the instruments, although not in prescribed form, were to be treated as if they were. Registration was directed accordingly. [OPG summary.]

Note

The summary above is taken from the OPG website. Title: Re Helmsley (an order made by the Senior Judge on 30 November 2009). Heading: Whether the instrument is in prescribed form - unticked boxes.

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 This is a link to an archived version of the web page (archived on 6/10/14).