Re Patel (2008) COP 1/12/08

The donor appointed a replacement attorney to act if the original attorney should be “mentally or physically incapable” or if the original attorney “is not in England at any time that my personal or financial affairs require attention”. The words in bold were severed on the application of the Public Guardian on the ground that 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 invalid restrictions as to when a replacement attorney may act" as "Re Patel (an order of the Senior Judge made on 1 December 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 This is a link to an archived version of the web page (archived on 6/10/14).