Re Stewart (2011) COP 9/11/11
The donor included the following direction in the guidance section: "I authorise my attorneys to refuse or consent to my deprivation of liberty." The Public Guardian applied for severance on the ground that: "The deprivation of the donor's liberty is only lawful if ordered by the court or done in accordance with the procedures prescribed by law under the Mental Capacity Act 2005 as amended by the Mental Health Act 2007. The donor does not have power to authorise her attorneys to consent to the deprivation of her liberty in the absence of a court order or going through the Deprivation of Liberty Safeguarding procedures." The court determined that the direction was invalid for the reasons given by the Public Guardian. [OPG summary - LPA case.]
Summary from OPG section of Justice website.
Title: Re Stewart (an order of the Senior Judge made on 9 November 2011)
Heading: Severance of restrictions incompatible with a Health and Welfare LPA
No Bailii link (no transcript)
. This is a link to an archived version of the web page (archived on 6/10/14).