Re Parker (2011) COP 18/2/11
The donor of a Health and Welfare LPA appointed X and Y as attorneys to act jointly in some matters and jointly and severally in others. He then directed as follows: "I wish the prime responsibility for decisions in respect of my health to vest in X. My attorneys need only act jointly in the event of serious and/or life threatening conditions. In this case X should endeavour to contact Y but if she is, for whatever reason, unable to do so she may act on her own (severally) despite the serious and/or life threatening condition." On the application of the Public Guardian the last sentence of this direction was severed as being incompatible with the appointment to act jointly in some matters. [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Parker (an order of the Senior Judge made on 18 February 2011)
Heading: Severence of restrictions incompatible with an appointment to act jointly in some matters and jointly and severally in others
External link
No Bailii link (no transcript)