J, Re (Enduring Power of Attorney) [2009] EWCOP 436 (12 March 2009)

J, Re (Enduring Power of Attorney) [2009] EWCOP 436 (12 March 2009)

An enduring power of attorney appointing attorneys in the alternative or in succession is valid provided the instrument makes clear, for each set of attorneys, whether they are to act jointly or jointly and severally. The statutory scheme does not prohibit such appointments, and the instrument in this case complies with the requirements. The Public Guardian must register the power without qualification.

Citation
[2009] EWCOP 436
Parties
Donor: Mr J; Attorney/applicant: W (Mr J's wife); Attorney (alternative): A (Mr J's son); Attorney (alternative): B (Mr J's son); Attorney (alternative): C (Mr J's son); Respondent: The Public Guardian
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Application for Registration of Enduring Power of Attorney / Judgment on Validity of Instrument and Registration
Outcome
Application granted; enduring power of attorney held valid.
Legal Topics
Enduring Power of Attorney, Appointment of Successive Attorneys, Registration Requirements, Interpretation of Statutory Forms
Mental Capacity Law Powers of Attorney Enduring Power of Attorney Appointment of Successive Attorneys Registration Requirements Interpretation of Statutory Forms

Case Brief

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Parties

Mr J

Donor

W (Mr J's wife)

Attorney/applicant

A (Mr J's son)

Attorney (alternative)

B (Mr J's son)

Attorney (alternative)

C (Mr J's son)

Attorney (alternative)

The Public Guardian

Respondent

Procedural Posture

Application for Registration of Enduring Power of Attorney / Judgment on Validity of Instrument and Registration

Legal Issues

  1. 1 Whether an enduring power of attorney appointing attorneys in the alternative or in succession is valid under the Enduring Powers of Attorney Act 1985 and Schedule 4 to the Mental Capacity Act 2005.
  2. 2 Whether such an instrument must be registered by the Public Guardian.

Ratio Decidendi

An enduring power of attorney appointing attorneys in the alternative or in succession is valid provided the instrument makes clear, for each set of attorneys, whether they are to act jointly or jointly and severally. The statutory scheme does not prohibit such appointments, and the instrument in this case complies with the requirements. The Public Guardian must register the power without qualification.

Court Disposition

Application granted; enduring power of attorney held valid.

Orders

  • The enduring power of attorney executed by Mr J is declared valid and must be registered by the Public Guardian without qualification.