Re Batchelor [2012] MHLO 43 (LPA)

The donor of a property and financial affairs LPA included the following provision: "I would ask my attorneys to have regard to any separate guidance note which I may make from time to time and place with this Lasting Power of Attorney." On the application of the Public Guardian the provision was severed on the ground that it contravened the requirements of regulation 9 of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian Regulations 2007, which do not permit additions to be made to an LPA. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Batchelor (an order of the Senior Judge made on 2 April 2012)

Listed under heading: Severance of restrictions incompatible with an LPA

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).