Re Williams (2010) COP 1/12/10: Difference between revisions
m (Text replacement - "Category:LPA cases - appointment of substitute by an attorney" to "Category:LPA cases - substitute attorneys") |
m (Text replacement - "Category:LPA cases - all" to "") |
||
| Line 14: | Line 14: | ||
[[Category:LPA cases - substitute attorneys]] | [[Category:LPA cases - substitute attorneys]] | ||
[[Category:Brief summary]] | [[Category:Brief summary]] | ||
[[Category:No transcript]] | [[Category:No transcript]] | ||
[[Category:2010 cases]] | [[Category:2010 cases]] | ||
Latest revision as of 07:59, 2 May 2021
The donor appointed three attorneys to act jointly. She then added: "The attorneys are only to make decisions jointly and should any of the attorneys die within my lifetime I wish for their personal representative to take over as my attorney in their place." On the application of the Public Guardian the court severed this provision on the ground that section 10(8)(a) of the MCA provided that an LPA instrument could not give the attorney power to appoint a substitute or successor. [Note: The provision could also be viewed as incompatible with the nature of a joint appointment.] [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Williams (an order of the Senior Judge made on 1 December 2010)
Heading: Appointment of substitute by an attorney
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 This is a link to an archived version of the web page (archived on 6/10/14).