Re O'Brien [2012] MHLO 65 (LPA)

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.]


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

No Bailii link (no transcript)

Summary on OPG section of Justice website . This is a link to an archived version of the web page (archived on 6/10/14).