Re Parsonage (2011) COP 1/4/11
The donor of an LPA inserted the following restriction: "My replacement attorneys under this lasting power shall not have authority to do any act, or take any decision, under this lasting power except in those circumstances where I lack capacity or where the replacement attorneys reasonably believe that I lack capacity or when I have signed that I wish the lasting power to come into effect by signing the lasting power again." On the application of the Public Guardian the words "or when I have signed that I wish the lasting power to come into effect by signing the lasting power again" were severed on the ground that re-execution of the LPA by the donor after completion and registration would contravene the execution requirements for an LPA. [OPG summary - LPA case.]
Summary from OPG section of Justice website.
Title: Re Parsonage (an order of the Senior Judge made on 1 April 2011)
Heading: Severance of restrictions incompatible with an LPA
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 This is a link to an archived version of the web page (archived on 6/10/14).