Re Dowden [2012] MHLO 94 (LPA)

The donor made two LPAs in which she appointed a professional attorney and a lay attorney to act jointly and severally. She directed that the professional attorney should be paid fees "in keeping with the charging rate in force at the time the work is undertaken". She then directed that the lay attorney should be paid a reasonable hourly fee and stated that any sum paid "must be with the approval of my Solicitor/Attorney" and "will be at such rate as he feels is appropriate". On the application of the Public Guardian the provision relating to the lay attorney's fees being approved and set by the professional attorney was severed as being incompatible with a joint and several appointment. The judge added that, to have achieved the desired objective, the donor should have appointed the attorneys to act jointly for some decisions (in this case on agreeing an appropriate level of remuneration for the lay attorney) and jointly and severally for other decisions. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Dowden (an order of the Senior Judge made on 20 July 2012)

Listed under heading: Severance of restrictions incompatible with a joint and several appointment

External link

Not on Bailii - 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 This is a link to an archived version of the web page (archived on 6/10/14).