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Re Boff and Re JK

Lynsey Colman sums up new Court of Protection cases, about attorneys and personal welfare deputies

5 November 2013

Senior Judge Lush clarified the position about successional replacement attorneys in Re Boff, highlighting some of the pitfalls that donors should consider.

Dr Boff had been appointed as an attorney for her mother and fully understood the practical problems encountered when more than one attorney was involved at any one time. She wanted to appoint her husband as her sole attorney in the first instance then one son, a second son and a niece as respective replacement attorneys. She wanted to avoid multiple people being involved in her financial affairs appreciating that it can cause delay, disagreement, confusion and duplication of effort.

The Office of the Public Guardian rejected the lasting power of attorney at registration on the basis that a replacement attorney can only replace an appointed attorney and not another replacement. They applie...

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