Re Kittle (2009) COP 1/12/09
Regulation 8(3) of the LPA, EPA and PG Regulations 2007 sets out categories of persons who cannot act as certificate provider. Included in the list is "a family member" of the donor or of the attorney (or of the owner, director, manager or employee of any care home in which the donor is living when the instrument is executed). In this case the certificate provider was the donor's first cousin. The Public Guardian declined to register the instrument on the ground that a first cousin was a family member of the donor. The court ruled that a first cousin is not a family member, and so the LPA was valid. [OPG summary.]
Listed on OPG website under heading "Eligibility of certificate provider" as "Re Kittle (a judgment of the Senior Judge given on 1 December 2009)".
Not on Bailii at time of writing
Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).