LPA cases - severance of unreasonable, impractical or uncertain conditions
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|Case and summary||Date added||Categories|
|Re Thrussell (2010) COP 12/10/10 — The donor directed her attorneys to consult with X "in respect of any major decision". On the application of the Public Guardian the court severed this provision on the grounds that it was so uncertain as to be unworkable. [OPG summary - LPA case.]||2010‑10‑27 23:13:56||2010 cases, Brief summary, LPA cases - all, LPA cases - severance of unreasonable, impractical or uncertain conditions, No transcript
|Re Saunders (2010) COP 30/3/10 — The donor appointed two attorneys and a replacement attorney. He stated that the replacement should act only if the power given to the original attorneys "is revoked by me" or terminated by death, disclaimer or incapacity. He further stated that the power of his attorneys "shall only come into force only if and when my attorneys have presented medical evidence to the Court and the Court are satisfied that I am or am becoming incapable by reason of mental disorder of managing and administering my property and affairs". On the application of the Public Guardian the condition requiring the attorneys to present medical evidence to the court was severed because, although it was not invalid, it imposed an unreasonable and impractical fetter on the attorneys. The words "is revoked by me" were also severed as being incompatible with section 10(8)(b) of the MCA (revocation of an attorney's appointment is not an event upon which a replacement attorney may act). (OPG summary - LPA case.)||2010‑04‑07 21:52:14||2010 cases, Brief summary, LPA cases - all, LPA cases - severance of unreasonable, impractical or uncertain conditions, No transcript