Re Munn (2011) COP 28/1/11
The donor of a property and affairs LPA included the follwoing provision in the guidance section; "My finances should be managed so that X can continue to live at [a named property] for as long as she wishes and receives income from all investments and holiday lettings." On the application of the Public Guardian the provision was severed on the ground that it contravened section 12 of the MCA 2005. Although expressed as guidance, it was more in the nature of a direction. [OPG summary - LPA case.]
Summary from OPG website.
Title: Re Munn (an order of the Senior Judge made on 28 January 2011)
Heading: Severance of invalid restrictions relating to gifts
No Bailii link (no transcript)