Category

LPA cases - severance of restrictions incompatible with a joint appointment

The new database structure introduced in 2019 is more useful than this Category page: see Special:Drilldown/Cases.

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Case and summary Date added Categories
Re Pugh (2011) COP 13/7/11The donor appointed three replacement attorneys to act jointly. She then completed the box on page 5 of the form (which should be completed only if the attorneys are to act jointly in some matters and jointly and severally in others) and directed as follows: "Where by this power I have appointed three replacement attorneys to act jointly on all occasions then I direct that if there is a dispute it is the majority decision of my three replacement attorneys that is to be followed and in the event that by reason of death or incapacity or other reason I only have two of my three replacement attorneys who are capable of acting then in the event of a dispute between my two continuing replacement attorneys it is the decision of the eldest that is to be followed." On the application of the Public Guardian the court severed the restriction as being incompatible with a joint appointment. [OPG summary - LPA case.] 2011‑09‑30 22:56:31 2011 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint appointment, No transcript


Re Moore (2010) COP 26/10/10The donor appointed three attorneys to act jointly. She then imposed the following restriction: "At least two attorneys to act on any transactions". On the application of the Public Guardian the court severed the restriction as being incompatible with a joint appointment. [OPG summary - LPA case.] 2010‑11‑28 20:53:52 2010 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint appointment, No transcript


Re Warner (2010) COP 31/8/10The donor made an LPA appointing A as the original attorney and B and C as replacement attorneys, the latter to act jointly. She imposed the following restriction in relation to the replacement attorneys: "If for any reason one of my replacement attorneys is unable or unwilling to act, the remaining replacement attorney is then permitted to act solely under my LPA". On the application of the Public Guardian the restriction was severed as being incompatible with the joint appointment of the replacement attorneys. [OPG summary - LPA case.] 2010‑10‑27 23:11:49 2010 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint appointment, No transcript


Re Clarke (2009) COP 18/11/09The donor appointed three attorneys, A (his wife), B, and C, to be his attorneys. They were appointed to act jointly in some matters and jointly and severally in others. He then stated that the attorneys were to act together for transactions not exceeding £5,000 "but together in respect of all other decisions subject to my wife A's opinion prevailing in the event that my attorneys are not unanimous in any decision involving property or expenditure exceeding £5,000". On the application of the Public Guardian, the words "subject to my wife A's opinion" onwards were severed on the ground that they purported to facilitate one of the three attorneys being able to act independently in relation to matters that had been specified as subject to the joint decision of the attorneys. [OPG summary.] 2009‑12‑16 02:00:35 2009 cases, Brief summary, LPA cases - all, LPA cases - severance of restrictions incompatible with a joint appointment, Transcript