The Public Guardian’s Severance Applications [2017] WTLR 1145
Autumn 2017 #169The Public Guardian brought various consolidated applications for severance under para 11((3) of Schedule 1 of the Mental Capacity Act 2005 (the MCA 2005) in respect of various lasting powers of attorney which were potentially unlawful or ineffective by reason of the operation of s9 MCA 2005, which provides that an LPA is not created unless it is made and registered in accordance with Schedule 1 of para 19.
Held:
- 1) As to MC, the donor at s7 of the LPA had instructed that ‘Any financial decisions up to the value of £150.00 c...
Re Jones [2014] EWCOP 59
May 2016 #159Mr Jones suffered from dementia and lacked testamentary capacity and capacity to make significant lifetime gifts. He had an estate of approximately £2.3m and was intestate. The effect of his dying intestate would be that, following the statutory legacy of £250,000 plus personal chattels to his wife, Mrs Jones, outright, Mrs Jones would receive half of the remainder of the estate absolutely and his daughter from a previous relationship, Ms Dawson, would receive the other half of the estate.
Ms Dawson’s mother and Mr Jones had separated when she was a child whereupon Ms Dawson...
A County Council v MS & anr 11413486
July/August 2014 #141This was an application by a local authority property and affairs deputy seeking a direction whether to authorise a gift MS wished to make. MS was a member of the Church of Latter Day Saints (the church) and wished to donate £6,832 to the church as a tithe. This sum represented 10% of a recent inheritance. RS was MS’s mother and strongly opposed to the donation. MS made his own application seeking declarations that he had capacity to litigate, capacity to make a tithe, capacity to manage his own property and affairs and capacity to execute a LPA for property and affairs.
MS...