Re Clare (2011) COP 8/9/11

The donor made two LPAs, each appointing an attorney and a replacement attorney. In each she directed as follows: "My Attorney may at any time appoint a substitute to act as my Attorney and may revoke any appointment without giving a reason. Each appointment is to be in writing signed by my Attorney. Every substitute has full powers as my Attorney as if appointed by this Deed, except the power to appoint a substitute." On the application of the Public Guardian the provision was severed as being a plain breach of section 10(8)(a) of the MCA, which provides that an LPA cannot give the attorney power to appoint a substitute or successor. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Clare (an order of the Senior Judge made on 8 September 2011)

Listed under heading: Appointment of substitute by an attorney

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 This is a link to an archived version of the web page (archived on 6/10/14).