Re Dickenson (2010) COP 12/11/10

The donor appointed two attorneys to act jointly and severally and imposed the following restriction: "My professional Attorneys may at any time appoint a substitute to act as my attorney and may revoke the appointment without giving reason. Every 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 an attorney the court severed the restriction. Paragraph 2(6) of Schedule 4 of the MCA 2005 provides that "A power of attorney which gives the attorney a right to appoint a substitute or successor cannot be an enduring power." [OPG summary - EPA case.]

Note

Summary from OPG website.

Title: Re Dickenson (an order of District Judge Hilder made on 12 November 2010)

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Summary on OPG section of Justice website .This is a link to an archived version of the web page (archived on 6/10/14).