Re Azancot (2009) COP 27/5/09
The donor of a personal welfare LPA inserted a restriction that her replacement attorneys "may only act under this power in the event that the donor is physically or mentally incapacitated and there is written medical evidence to that effect". The words "physically or" were severed on the application of the Public Guardian, as the effect of section 11(7) of the MCA is that a personal welfare attorney may not make a decision unless the donor lacks mental capacity to make it. (OPG summary.)
The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with a Health and Welfare LPA" as "Re Azancot (an order of the Senior Judge made on 27 May 2009)".
No Bailii link (no transcript)
. This is a link to an archived version of the web page (archived on 6/10/14).