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Re Ker (2009) COP 21/9/09

The donor in Part A of the LPA form omitted to tick the box to confirm that he had chosen his certificate provider himself. The Public Guardian refused registration on the ground that the instrument was not in prescribed form. On the attorney's application, the court exercised its discretion under paragraph 3(2) of Schedule 1 to the MCA 2005 and declared that the instrument, although not in the prescribed form, was to be treated as if it were a lasting power of attorney. Registration was directed accordingly. (OPG summary.)

Note

The summary above is taken from the OPG website. It is listed under the heading "Whether the instrument is in prescribed form - unticked boxes" as "Re Ker (an order of the Senior Judge made on 21 September 2009)".

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 This is a link to an archived version of the web page (archived on 6/10/14).