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

 In Elderly/Vulnerable Client

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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)Case Summary from LawSkills | Private Client specialist trainers

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.

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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.’

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.

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