LPA can appoint joint attorneys with survivorship (High Court)

The High Court has reversed an earlier decision of the Court of Protection to find that, where the donor of a lasting power of attorney appointed two attorneys to act jointly in important matters with a provision that, if one of the joint attorneys died or could no longer act, the survivor should act on those matters alone rather than jointly with the replacement attorney, was valid.

There was nothing in the Mental Capacity Act 2005 that prohibited such a provision so long as it was sufficiently clearly drafted. The judge approved model wording at paragraph 24 of the judgment which could either be included in the main body or in a continuation sheet for the lasting power of attorney form.

Case: Miles and another v Public Guardian [2015] EWHC (Ch). (Bailii)