26 March 2009
Re J (enduring power of attorney) [2009] EWHC 436 (Ch), [2009] All ER (D) 150 (Mar)
Mr Justice Lewison gives detailed guidance on the provisions of the Mental Capacity Act 2005, which came into force on 1 October 2007 and held that para 20 of Sch 4 is engaged where an enduring power purports to appoint successive attorneys; it is important that the power makes clear whether, while they are acting, the attorneys are to act jointly, or jointly and severally.
