The donor of a property and financial affairs LPA included the following guidance: "My handicapped son should be adequately provided for." On the application of the Public Guardian this provision was severed on the ground that it contravened section 12 of the MCA 2005. [OPG summary - LPA case.]

Note

Summary from OPG section of Justice website.

Case title: Re O'Brien (an order of the Senior Judge made on 18 May 2012)

Listed under heading: Severance of invalid restrictions relating to gifts

External link

Not on Bailii - no transcript

Summary on OPG section of Justice website