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Re Warren (2010) COP 10/12/10

The donor appointed four attorneys, A, B , C and D, to act jointly for some decisions and jointly and severally for others. She imposed the following restriction: "All decisions will be made by my first attorney A unless and until such time that he no longer has the mental capacity to do so. Should A no longer have the mental capacity to make decisions the remaining attorneys will jointly make decisions regarding the house and property and jointly and severally make decisions concerning finance." On the application of the Public Guardian the words preceding "attorneys will jointly" were severed on the ground that, where attorneys were appointed to act jointly in some matters and jointly and severally in others, it was not open to the donor to provide that one attorney should act alone for so long as he was able to do so. The Senior Judge added that, to have achieved the desired objective, the donor should have appointed A as the sole attorney and the three others as replacement attorneys. [OPG summary - LPA case.]

Note

Summary from OPG website.

Title: Re Warren (an order of the Senior Judge made on 10 December 2010)

Heading: Severence of restrictions incompatible with an appointment to act jointly in some matters and jointly and severally in others

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 This is a link to an archived version of the web page (archived on 6/10/14).