Category

LPA cases - replacement for replacement attorney

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
Re Boff [2013] MHLO 88 (LPA)The donor of a Lasting Power of Attorney cannot appoint a replacement attorney to succeed another replacement attorney. 2013‑09‑13 19:55:34 2013 cases, Brief summary, LPA cases - all, LPA cases - replacement for replacement attorney, No transcript


Re Martin [2013] MHLO 21 (LPA)The donor appointed two primary attorneys, A and B, to act jointly and severally, and three replacement attorneys, C, D and E. He included a valid provision to the effect that the D should replace B if B was unable to act, and then directed as follows: "In the event of my first attorney being unable to continue, E should act as Assistant to C (1st Replacement Attorney), and in the event of C being unable to continue, he should assume the power of Attorney." On the application of the Public Guardian this provision was severed because (applying Re Baldwin, above) the MCA does not permit a replacement attorney to be replaced, nor is it possible to direct an attorney or replacement attorney to act as assistant to another attorney or replacement attorney. [OPG summary - LPA case.] 2013‑03‑26 23:48:47 2013 cases, Brief summary, LPA cases - all, LPA cases - replacement for replacement attorney, No transcript


Re Baldwin (2009) COP 14/5/09The donor appointed X as original attorney, Y as the replacement for X, and Z as the replacement for Y if Y was unable or unwilling to act. On the application of the Public Guardian the court directed the severance of the appointment of Z on the ground that the MCA does not permit a donor to appoint a person to take over as a second replacement attorney if the first replacement attorney starts to act and then becomes unable to act. (OPG summary.) 2009‑11‑29 22:02:13 2009 cases, Brief summary, LPA cases - all, LPA cases - replacement for replacement attorney, No transcript


Article titles

The following 3 pages are in this category.