EWHC 2960 (Ch)
Barrister: Adam Boyle
Area of Law: Wills and Trusts / Court of Protection
Summary: In July 2015 Adam won an Appeal to the High Court in front of Mr Justice Nugee in a tricky Court of Protection matter, Miles v The Public Guardian; Beattie v The Public Guardian  EWHC 2960 (Ch). The case centred on the degree of specificity which a party drafting an LPA can go into. In particular, the key issue in this matter was whether it is possible to specify the continuation of, in effect, one element of a joint power of attorney by setting out in an LPA the express reappointment of just one of the two initially jointly appointed persons, in the event that the other can no longer continue to act. The successful Appeal granted more choice to donors of LPAs, giving them extra control over who makes the crucial decisions regarding their wellbeing and financial affairs in the event that they become mentally vulnerable. It would also appear to represent a loosening, by the court, of the previously tight rules imposed on attempts to deviate from the norm in LPAs.