The Public Guardian’s Severance Applications  EWCOP 10
District Judge Eldergill has ruled on eighteen applications made by the Public Guardian for a number of provisions made in Lasting Powers of Attorney (LPAs) to be severed. One of the cases was:
MC (Case No: 12911669)
The Donor in her LPA ticked the box that her Attorneys were appointed to act jointly and severally rather than the box which gave effect that some decisions were to be made jointly and some jointly and severally.
However, in box 7 headed ‘Instructions’ the Donor stated ‘any financial decisions up to the value of £150 can be made independently by my attorneys. However, any financial decisions over this amount must be agreed upon by both my attorneys.’
FREE monthly newsletter
Wills | Probate | Trusts | Tax | Elderly & Vulnerable Client
- Relevant learning and development opportunities
- News, articles and LawSkills’ services
- Communications which help you find appropriate training in your area
The Public Guardian objected that the provision had to be severed as it was inconsistent with a joint and several appointment. District Judge Eldergill held that the Donor had simply ticked the wrong box and he did not think the donor’s intention was ambiguous and it was necessary to excise the condition or restriction in section 7. Accordingly, he made a declaration to that effect and directed that the Public Guardian register the LPA.
To read more including the other 17 cases, the facts, the law including the legal framework and vital practice points request a FREE pdf and we’ll be pleased to send you a copy of the full case summary from LawSkills, just complete the request form below:
Message from Gill Steel: As you no doubt realise, putting together these valuable documents is a lengthy and time-consuming process. While we’re happy to do this, we would in return appreciate your promise to help us with some future market research. It won’t be a massive call on your time but it will help us to keep providing relevant and valuable services and information to those in Private Client practice. Thank you.
I am happy to help with market research for LawSkills. Please send me a copy of LawSkills’ case summary.
Case summary request
The LawSkills Monthly Digest
Subscribe to our comprehensive Monthly Digest for insightful feedback on Wills, Probate, Trusts, Tax and Elderly & Vulnerable client matters
Not complicated to read | Requires no internet searching | Simply an informative pdf emailed to your inbox including practice points & tips
Subscribe now for monthly insightful feedback on key issues.
All for only £120 + VAT per year
(£97.50 for 10+)