Re Ferguson (2010) COP 26/10/10: Difference between revisions
No edit summary |
m (Text replacement - "{{stub}} " to "") |
||
| Line 13: | Line 13: | ||
[http://www.publicguardian.gov.uk/forms/cop-lpa-orders.htm Summary on OPG website] | [http://www.publicguardian.gov.uk/forms/cop-lpa-orders.htm Summary on OPG website] | ||
[[Category:LPA cases - severance of restrictions incompatible with a joint and several appointment]] | [[Category:LPA cases - severance of restrictions incompatible with a joint and several appointment]] | ||
Revision as of 21:19, 26 May 2015
The donor appointed three attorneys, A, B and C, to act jointly and severally. She then imposed the following restrictions: "I wish my attorneys to act as follows: A to act independently. B and C to act only in the event that A is deceased or unable to act. In these circumstances B and C may act independently." "I wish my attorneys to act only when I lack capacity to act. A may judge for himself when I lack capacity to act. B and C must agree together that I lack capacity to act. Alternatively, should either of them wish, then at my expense they may seek medical and, if necessary, legal advice as to whether or not I have capacity to act." On the application of the Public Guardian both restrictions were severed as being incompatible with a joint and several appointment. [OPG summary - LPA case.]
Note
Summary from OPG website.
Title: Re Ferguson (an order of the Senior Judge made on 26 October 2010)
Heading: Severance of restrictions incompatible with a joint and several appointment
External link
Not on Bailii - no transcript