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Category:EPA cases - severance of restrictions incompatible with an EPA

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The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page.
Page and summaryDate added to siteCategories
Re Stevens (2011) COP 11/1/11 — The donor made an EPA including the following provision: "The word "seasonal" in section 3(5) of the Enduring Powers of Attorney Act 1985 includes the end of one tax year and the beginning of another." On the application of the attorneys the court severed the provision as being ineffective as part of an EPA. [OPG summary - EPA case.] 2011-01-302011 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Harris (2011) COP 6/1/11 — The donor made an EPA purporting to authorise the Attorneys to do the following: "Making a choice on my behalf for any nursing/residential care needed for me in the future." On the application of the Attorneys the court severed the provision on the ground that it would be ineffective as part of an EPA, because it sought to authorise Personal Welfare decision making. [OPG summary - EPA case.] 2011-01-302011 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Donegan (2011) COP 6/1/11 — The donor made an EPA including the following provision: "All the while that I am practically and financially able to remain in my own home my Attorneys should ensure that I remain there. My Attorneys do not have power to sell my home." On the application of the Attorneys the court severed the restriction on the ground that it was ineffective as part of an EPA because it sought to confer Personal Welfare decision making powers on the Attorneys. [OPG summary - EPA case.] 2011-01-302011 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Robinson (2009) COP 18/9/09 — An EPA provided that "My Attorneys shall have power to deal with my affairs from time to time as may be necessary to reduce the incidence of Inheritance Tax at the date of my death provided that lump sum payments shall only be made to or on behalf of such persons who would otherwise receive the benefit of my estate as residuary beneficiaries (either original or substituted) of my Will." On the application of the attorneys the court severed this restriction on the ground that it would be ineffective as part of an EPA (because it exceeded the statutory power to make gifts under Sched 4 paragraph 3 of the MCA). [OPG summary - EPA case.] 2009-11-292009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Hollins (2009) COP 10/6/09 — In Part B of the instrument, under the heading "subject to the following restrictions and conditions", the donor wrote "See attached supplement". The attached supplement listed extended powers, including: (1) Extended powers to deal with my affairs, (2) Power to consent to medical treatment, and (3) Extended power to make gifts. The Public Guardian refused registration on the ground that the first two of the above provisions did not relate to the donor's property and affairs, and that the third was inconsistent with Schedule 4, para 3(3) of the Mental Capacity Act. On the attorney's application, the court directed severance of the attached supplement and the reference to it in Part B of the instrument. [Full details of supplement available on case page.] 2009-11-292009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Viveash (2009) COP 21/9/09 — An EPA provided that "I grant to my attorneys the power to deal with all matters concerning my welfare health and matters of a personal nature to me and all other matters affecting me or my possessions." On the application of the attorneys the court severed the restriction on the ground that it would be ineffective as part of an EPA. [OPG summary - EPA case.] 2009-11-292009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re King (2009) COP 14/7/09 — An EPA provided that "In case that I am unable to take part in decisions about my medical care then I appoint my Attorney to represent my views about them if I am unable to do so". On the application of the attorney the court severed this provision on the ground that it would be ineffective as part of an EPA. (OPG summary.) 2009-11-292009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript
Re Ditcham (2009) COP 12/5/09 — An EPA provided that "my attorney(s) may take decisions on where I shall live provided that these decisions are made in my best interests and may negotiate with Social Services and any other relevant authorities to secure the best treatment and accommodation on my behalf that can be provided". On the application of the attorneys the court severed this provision on the ground that it would be ineffective as part of an EPA. (OPG summary.) 2009-11-292009 cases, Brief summary, EPA cases - all, EPA cases - severance of restrictions incompatible with an EPA, No transcript