Category:EPA cases - severance of restriction fettering authority of attorney
From Mental Health Law Online
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|Page and summary||Date added to site||Categories|
|Re Johnston (2012) MHLO 130 (EPA) — The donor appointed two attorneys to act jointly and severally. The donor included the following restriction: "The property at [address] shall not be disposed of without the agreement of A, B and C, as children of [the donor] in addition to the attorneys." On the attorneys' application the restriction was severed as being ineffective as part of an EPA. [OPG summary - EPA case.]||2012-12-18||2012 cases, Brief summary, EPA cases - all, EPA cases - severance of restriction fettering authority of attorney, No transcript|
|Re Corbett (2008) COP 4/12/08 — A restriction in an EPA which had been registered in 2006 contained the following restriction: “No transaction with a value greater than £500 to be actioned without the written permission of my son SC.” The attorney applied for an order removing the restriction on the grounds that SC’s whereabouts were unknown and had not been heard from for 12 months. The attorney wished to sell the donor’s house to pay for care home fees. The court determined that, having regard to all the circumstances, the restriction was an unreasonable fetter on the scope of the attorney’s authority, and was having an adverse impact on the management and administration of the donor’s property and affairs. The restriction was accordingly severed and the Public Guardian was directed to register a note to that effect. [OPG summary - EPA case.]||2009-11-29||2008 cases, Brief summary, EPA cases - all, EPA cases - severance of restriction fettering authority of attorney, No transcript|