Re Jenkins (2008) COP 2/9/08

The donor had appointed the attorneys of a property and affairs LPA to act “together and independently”. She then directed that they must act together in relation to any bills, payments or costs exceeding £2,000 in any one calendar month and in relation to any single payment greater than £1,000 in any calendar month. The donor had also appointed a replacement attorney, and directed that she should act if the original attorneys were “not available through travel or living abroad or any other circumstances that may prevent or restrict their capacity to act on my behalf as attorneys”. The court ordered the severance of both clauses, on the application of the Public Guardian. The directions in the first clause were incompatible with an appointment to act “together and independently”. The directions in the second clause were invalid because a replacement attorney may only act on the occurrence of an event mentioned in section 13(6)(a) to (d) of the MCA, for example where an original attorney disclaims, dies or loses mental capacity. (OPG summary.)

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with a joint and several appointment" - and "Severance of invalid restrictions as to when a replacement attorney may act" - as "Re Jenkins (an order of the Senior Judge made on 2 September 2008)".

External link

Not on Bailii - there was no written judgment

Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).