Re Boff 12338771

WTLR Issue: October 2013 #133

In the matter of: RUTH MINNA BOFF

THE PUBLIC GUARDIAN

V

RUTH MINNA BOFF

JAMES CHARLES BOFF

Analysis

On 9 September 2012, the first respondent (Dr Boff) executed a lasting power of attorney for property and financial affairs, in which she appointed her husband to be her sole attorney, and then attempted to appoint three replacement attorneys in order of succession. Dr Boff’s husband, the second respondent (Mr Boff), executed a virtually identical LPA on the same day and they applied to the Office of the Public Guardian (the OPG) to register the instruments.

Counsel details

Counsel

Jill Martin, the senior legal adviser at the Office of the Public Guardian (PO Box 16185, Birmingham, B2 2WH) on behalf of the claimant.

No counsel for the defendant.

Cases referenced

Cases in bold have further reading - click to view.

Legislation referenced

Legislation in bold has further reading - click to view.

  • Cretney & Lush on Lasting and Enduring Powers of Attorney (6th ed, 2009)
  • Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007 (SI 2008/1253)
  • Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2009 (SI 2009/1884)
  • Mental Capacity Act 2005, s10(8), para 1(3) of Schedule 1
  • Mental Incapacity, Law Com No. 231 (1995)
  • OPG: LPA 111, Guidance for people who want to make a lasting power of attorney for health and welfare
  • OPG: LPA 112, Guidance for people who want to make a lasting power of attorney for property and financial affairs
  • The Incapacitated Principal, Law Com (1983)