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COURT OF PROTECTION: Aiming to enable

14 September 2017  

Martin Terrell and Louise Mathias-Williams set out the lessons from the Public Guardian’s recent decision over severance applications

Practitioners involved with the ever-increasing demand for lasting powers of attorney (LPAs) may struggle to find judicial guidance on the finer points of drafting and practice. Details of cases are often hidden away in footnotes of textbooks or in obscure corners of the government website. It is therefore quite an event when 17 applications made by the Public Guardian have been dealt with in a single case, heard by District Judge Eldergill in April 2017. His impressive judgment was reported on 19 June 2017 in the case of The Public Guardian’s Severance Applications [2017].

Additional Info

  • Case(s) Referenced:

    Re Bloom (2012) EWCOP, Senior Judge Lush, 16 March

    Miles & anor v The Public Guardian [2015] EWHC 2960 (Ch)

    Re Strange (2012) EWCOP, Senior Judge Lush, 21 May

    The Public Guardian’s Severance Applications [2017] EWCOP 10