View source for Re Howarth (2008) COP 28/7/08

''The donor had named the replacement attorney as the only person to be notified of an application to register. MCA Schedule 1 paragraph 2(3) provides that a person who is “appointed as donee under the instrument” may not be a named person. If there was no effective named person, the instrument could only be valid if it contained two Part B certificates, but it contained only one. On the application of the Public Guardian the court directed the severance of the appointment of the replacement attorney on the ground that a replacement attorney was a person “appointed as donee under the instrument” who could not, therefore, be a named person. As the appointment of the replacement attorney was severed, the named person was not an attorney and so the instrument could be registered.'' (OPG summary.)

==Note==
The summary above is taken from the OPG website. It is listed under the heading "Attorney or replacement attorney as a named person" as "Re Howarth (an order of the Senior Judge made on 29 July 2008)".

==External link==
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[[Category:LPA cases - formalities]]

[[Category:Brief summary]]
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[[Category:2008 cases]]