Re Begum (2008) COP 24/4/08

On the application of the Public Guardian, the court directed the severance from a Property and Affairs LPA instrument of the following clauses, on the ground that they were ineffective as part of an LPA: (1) All decisions about the use or disposal of my property and financial resources must be driven by what my Personal Welfare Lasting Power of Attorney(s) believe will support my long term interests. (2) Any decisions affecting assets (individually or together) worth more than £5,000 at any one time must be discussed and agreed with Dr X. (3) In the event of there being any disagreement between my Personal Welfare Lasting Power of Attorney(s) and/or Dr X this should be resolved by these parties appointing an independent advocate to adjudicate. (OPG summary.)

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions fettering authority of an attorney" as "Re Begum (an order of the Senior Judge made on 24 April 2008)".

External link

Not on Bailii - there was no written judgment

Summary on OPG section of Justice website†. This is a link to an archived version of the web page (archived on 6/10/14).