Re Careford (2011) COP 16/2/11
The donor of a property and affairs LPA included the following provision in the guidance section; "While my husband is my attorney, he may use my own money and property for his benefit in any way he wishes. My replacement attorneys may use my money and property for the benefit of my husband in any way they think fit. All of my attorneys may make gifts to my husband from my estate." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. Although the provision was expressed as guidance, it was not open to the donor to give guidance about gift making in terms going beyond the statutory power. [OPG summary - LPA case.]
Summary from OPG website.
Title: Re Careford (an order of the Senior Judge made on 16 February 2011)
Heading: Severance of invalid restrictions relating to gifts
No Bailii link (no transcript)