Category

LPA cases - date of birth of attorney missing

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Case and summary Date added Categories
Re Cretney (2011) COP 24/2/11The donor made an LPA on the "new" form prescribed in 2009 but omitted the attorney's date of birth in Part A. The Public Guardian refused to register on the ground that the instrument differed materially from the prescribed form. On the application of the attorney (who was over 18) the court declared in the exercise of its discretion under paragraph 3(2) of Schedule 1 of the MCA that the instrument was to be treated as if it were in the prescribed form. [OPG summary - LPA case.] 2011‑03‑18 19:15:21 2011 cases, Brief summary, LPA cases - all, LPA cases - date of birth of attorney missing, No transcript


Re Dadd (2010) COP 17/10/10The donor made an LPA using the "new" form presribed in 2009. She appointed two attorneys but provided no date of birth for either. The Public Guardian was willing to register in favour of one attorney because her title was given as "Mrs", so that it could reasonably be inferred that she was at least 18. It was overlooked that the other attorney was described in the instrument as the donor's husband. On the attorney's application the court directed registration. As it could be inferred from the instrument that both attorneys were at least 18, the instrument differed from the prescribed form in an immaterial respect within paragraph 3(1) of Schedule 1 of the MCA 2005. [OPG summary - LPA case.] 2011‑03‑18 19:13:24 2010 cases, Brief summary, LPA cases - all, LPA cases - date of birth of attorney missing, No transcript


Re John (2010) COP 14/10/10The donor made an LPA using the "old" form prescribed in 2007. She appointed an original attorney and a replacement attorney, but the replacement attorney's Part C omitted his date of birth, and it could not be inferred from the instrument that he was at least 18. The usual practice of the Public Guardian in such a case is to request a fresh Part C, but this could not be done because the donor had lost capacity (see Re Sporne (2009) COP 13/10/09). The instrument was registered, with registration being limited to the original attorney, but the attorney then applied to court to have the defective Part C "reinstated". The Public Guardian was joined as a party. The court ruled that the LPA was not in the prescribed form because of the failure to include the replacement attorney's date of birth. As the court was satisfied on the evidence that the replacement attorney was in fact at least 18, it exercised its discretion under paragraph 3(2) of Schedule 1 of the MCA (which is set out in the summary of Re Nazran (2008) 27/6/08) to declare that the LPA was to be treated as if it were in the precribed form. (Note: in the case of LPAs made using the 2009 prescribed form, the attorney's date of birth must be included in Part A, so the practice of requesting a fresh Part C is not applicable, although limited registration may be possible if there is another attorney whose date of birth has been given.) [OPG summary - LPA case.] 2010‑10‑27 23:17:02 2010 cases, Brief summary, LPA cases - all, LPA cases - date of birth of attorney missing, No transcript


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The following 3 pages are in this category.