Re Bates (2008) COP 3/12/09

The donor appointed two original attorneys and a replacement attorney, who would assume office in the following circumstances: “She may act at any time at the election of either attorney”. These words 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 Bates (an order of the Senior Judge made on 3 December 2008)".

External link

No Bailii link (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 This is a link to an archived version of the web page (archived on 6/10/14).