Re McKenna (2011) COP 1/2/11
The donor purported to appoint a replacement attorney who, at the date the donor signed the instrument, was 16 years old. The donor added the following restriction; "My replacement attorney shall only act if she is over the age of 18." On the application of the Public Guardian the appointment of the replacement attorney was severed as it contravened section 10(1)(a) of the MCA 2005, which provided that an attorney must have reached 18. [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Mckenna (an order of the Senior Judge made on 1 February 2011)
Heading: Attorney or replacement attorney under 18
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No Bailii link (no transcript)
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