Re Scragg (2011) COP 1/2/11

The donor of a property and affairs LPA (who lived abroad) gave detailed instructions to his attorney relating to all of his assets in the event of a return to England, and added that these instructions were "subject to the written consent of my daughter" (who was the replacement attorney and also the attorney under his Health and Welfare LPA). On the application of the Public Guardian the words "subject to the written consent of my daughter" were severed because the requirement that the attorney should obtain the consent of a third party before exercising his powers imposed an unjustifiable fetter on his authority. [OPG summary - LPA case.]


Summary from OPG website.

Title: Re Scragg (an order of the Senior Judge made on 1 February 2011)

Heading: Severance of restrictions fettering an attorney's authority

External link

No Bailii link (no transcript)

Summary on OPG website