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Re Hartup (2010) COP 28/10/10

(1) The donor appointed two attorneys, A and B, to act jointly and severally, and two replacement attorneys. He then imposed the following restriction: "My wife A is to take the lead in all decisions." On the application of the Public Guardian the restriction was severed as being incompatible with a joint and several appointment. (2) The donor made two LPAs, one for property and financial affairs and the other for health and welfare. In both instruments he appointed A (his wife) and B as primary attorneys, to act jointly and severally, and C and D as replacement attorneys. In the property and financial affairs instrument he imposed the following restriction: "Should my wife be unable to continue to act severally as my attorney, then B and my two replacement attorneys are to act on my behalf. They must act jointly in relation to decisions about selling my house or they may act jointly and severally in everything else." In the health and welfare instrument he imposed the following restriction: "Should my wife be unable to continue to act severally as my attorney, then B and my two replacement attorneys are to act on my behalf. They must act jointly in relation to decisions I have authorised them to make about life-sustaining treatment and where I live. They may act jointly and severally for everything else." On the application of the Public Guardian the court severed these restrictions on the ground that, where the original attorneys had been appointed to act jointly and severally, the donor could not change the nature of the appointment by directing that the surviving original attorney should act in a different manner when the other original attorney had been replaced. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Hartup (an order of the Senior Judge made on 28 October 2010)

Heading: (1) Severance of restrictions incompatible with a joint and several appointment, (2) Severance of invalid restrictions as to how a replacement attorney may act

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 This is a link to an archived version of the web page (archived on 6/10/14).