Re Ker (2009) COP 21/9/09: Difference between revisions
m (Text replacement - "Not on Bailii - there was no written judgment" to "{{#bailii:no tran}}") |
No edit summary |
||
| Line 9: | Line 9: | ||
{{lpa-summary-link}} | {{lpa-summary-link}} | ||
[[Category:LPA cases - | [[Category:LPA cases - formalities]] | ||
[[Category:LPA cases - all]] | [[Category:LPA cases - all]] | ||
[[Category:Brief summary]] | [[Category:Brief summary]] | ||
[[Category:No transcript]] | [[Category:No transcript]] | ||
[[Category:2009 cases]] | [[Category:2009 cases]] | ||
Revision as of 07:55, 2 May 2021
The donor in Part A of the LPA form omitted to tick the box to confirm that he had chosen his certificate provider himself. The Public Guardian refused registration on the ground that the instrument was not in prescribed form. On the attorney's application, the court exercised its discretion under paragraph 3(2) of Schedule 1 to the MCA 2005 and declared that the instrument, although not in the prescribed form, was to be treated as if it were a lasting power of attorney. Registration was directed accordingly. (OPG summary.)
Note
The summary above is taken from the OPG website. It is listed under the heading "Whether the instrument is in prescribed form - unticked boxes" as "Re Ker (an order of the Senior Judge made on 21 September 2009)".
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 This is a link to an archived version of the web page (archived on 6/10/14).