Wills & Trusts Law Reports | 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...
Justin Holmes examines Re OB, The Public Guardian v AW, which sheds light on when LPA attorneys can and cannot use their principal’s funds to improve their own properties ‘Disconnection between the expectations of family members on the one hand, and the law of undue influence on the other, is a fertile source of litigation …
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