Re Kerron [2012] MHLO 92 (LPA)

The donor made an LPA for health and welfare, and imposed the following restriction: "If assessed as requiring nursing/residential care I would like to move promptly to a home jointly chosen by myself and my attorneys." On the application of the Public Guardian the words "jointly" and "myself and" were severed on the ground that a health and welfare LPA can only be used when the donor lacks capacity, and if the donor lacked capacity she would not be able to choose a nursing or residential care home. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re Kerron (an order of the Senior Judge made on 4 July 2012)

Listed under heading: Severance of restrictions incompatible with a Health and Welfare 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 This is a link to an archived version of the web page (archived on 6/10/14).