Public Guardian v DA and others; Public Guardian v BP and others

Power of attorney – Enduring power of attorney. The Court of Protection provided guidance in response to the applicant's two test cases made by applications pursuant to s 23 and Sch 1 para 11 of the Mental Capacity Act 2005, regarding the validity of words in lasting powers of attorney relating to euthanasia and the appointment of multiple attorneys. The Court clarified that flexibility was required to ensure that the donor's autonomy was respected, no matter where they stated their instructions or preferences on the specified form; however, instructions and preferences predicted on a change in the law were ineffective. The donor's autonomy was also paramount when deciding whether inconsistencies in the drafting of lasting powers of attorney could cause a failure to comply with s 10(4) of the MCA 2005.

Category: