As a firm, we submitted a test case LPA in 2016 to the OPG with the Miles v Beattie wording for replacement attorneys, meaning if more than one replacement attorney was appointed to act jointly and one of those replacement attorneys subsequently died or was unable to act, the other one (or two etc.) could continue to act.
We knew this wording could apply to primary attorneys but weren’t sure if it would be accepted in relation to replacements. We took advice from the OPG on this prior to having the wording registered in 2016 and they advised us to submit an LPA with the wording and if it was acceptable it would be registered, which it was. We have subsequently had numerous LPAs registered with this wording for joint replacement attorneys…until recently.
The OPG have now refused to register two sets of LPAs over the last month with this wording in saying the Miles v Beattie case provisions don’t apply to replacement attorneys. We are asking for the Court’s approval of the wording, but I wondered if anyone else had used this wording and had it registered?
Many thanks
Rebecca Best
Progeny Private Law