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Power of attorney – Enduring power of attorney. The proceedings concerned the validity of certain provisions in M's lasting powers of attorneys (LPA), which raised the issue of whether the donor of an LPA could appoint more than one attorney to act jointly with survivorship, by expressly re-appointing the continuing attorney or attorneys. The Court of Protection held that the safest way to achieve the effect of joint attorneyship with survivorship would be for the donor to execute two LPAs: the first having appointed the attorneys to act jointly, and the second having appointed them to act jointly and severally, with a condition that the second LPA would come into operation when the first LPA failed for any reason.
Power of attorney – Enduring power of attorney. The proceedings concerned the validity of certain provisions in M's lasting powers of attorneys (LPA), which raised the issue of whether the donor of an LPA could appoint more than one attorney to act jointly with survivorship, by expressly re-appointing the continuing attorney or attorneys. The Court of Protection held that the safest way to achieve the effect of joint attorneyship with survivorship would be for the donor to execute two LPAs: the first having appointed the attorneys to act jointly, and the second having appointed them to act jointly and severally, with a condition that the second LPA would come into operation when the first LPA failed for any reason.
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