Re McGreen [2012] MHLO 62 (LPA)

The donor appointed A as attorney and B as replacement attorney and then provided as follows on the A2 continuation sheet: "If my Replacement Attorney is no longer a partner in the firm of XYZ Solicitors, I appoint in his place a suitably qualified partner of that firm or firm which has succeeded that firm and carries on its practice, to be my Replacement Attorney." (Only A and B had signed Part Cs.) The Public Guardian applied for severance of the provision on the ground that it was not possible to appoint a replacement attorney to take over from a replacement attorney (see Re Baldwin, below, under the heading "Replacement for replacement attorney".) The court severed the provision for that reason and also for the following reason: "Section 19(2) of the Mental Capacity Act 2005 states that, in respect of the appointment of deputies, 'the court may appoint an individual by appointing the holder for the time being of a specified office or position'. However, there is no comparable provision in the Act that permits the donor of an LPA to appoint an office holder to be his or her attorney. Section 10(1) states that the donee of an LPA must be an individual who has reached 18 or, if the power relates only to the donor's property and affairs, either such an individual or a trust corporation." [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re McGreen (an order of the Senior Judge made on 19 April 2012)

Listed under heading: Appointment of office holder as 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 This is a link to an archived version of the web page (archived on 6/10/14).