J, Re (Enduring Power of Attorney)

J, Re (Enduring Power of Attorney)

Paragraph 20 of Schedule 4 does not prohibit the appointment of successive or alternative attorneys provided the instrument specifies whether, when acting, attorneys act jointly or jointly and severally. The power in question is valid and must be registered without qualification.

Source-derived case information.

Parties
Donor: Mr J; Attorney (wife): W; Attorney (son): A; Attorney (son): B; Attorney (son): C; Respondent: The Public Guardian
Jurisdiction
England and Wales
Judgment Date
12 March 2009
Procedural Posture
Application for Registration of Enduring Power of Attorney / Judgment
Outcome
application granted
Legal Topics
Validity of Enduring Power of Attorney, Appointment of Successive Attorneys, Registration Procedure
Mental Capacity Law Powers of Attorney Validity of Enduring Power of Attorney Appointment of Successive Attorneys Registration Procedure

Source-derived case record

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Parties

Mr J

Donor

W

Attorney (wife)

A

Attorney (son)

B

Attorney (son)

C

Attorney (son)

The Public Guardian

Respondent

Procedural Posture

Application for Registration of Enduring Power of Attorney / Judgment

Legal Issues

  1. 1 Is an enduring power of attorney appointing attorneys in the alternative or in succession valid under the relevant statutory scheme?
  2. 2 Does paragraph 20 of Schedule 4 to the Mental Capacity Act 2005 preclude such appointments?
  3. 3 Should the power be registered without qualification?

Ratio Decidendi

Paragraph 20 of Schedule 4 does not prohibit the appointment of successive or alternative attorneys provided the instrument specifies whether, when acting, attorneys act jointly or jointly and severally. The power in question is valid and must be registered without qualification.

Court Disposition

application granted

Orders

  • The enduring power of attorney is valid and must be registered without qualification.