The donor of a property and affairs LPA imposed a restriction stating that no gifts of any of her assets should be made other than "annual or monthly gifts already being made by me at the date of my signing this LPA by regular bank standing orders or direct debits". On the application of the Public Guardian the court severed this restriction on the ground that the gifts envisaged by the donor exceeded the attorney's authority to make gifts as set out in section 12 of the MCA 2005. (OPG summary.)

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of invalid restrictions relating to gifts" as "Re Sykes (an order of the Senior Judge made on 9 July 2009)".

External link

Not on Bailii - there was no written judgment

Summary on OPG section of Justice website