Re Corbett (2008) COP 4/12/08

A restriction in an EPA which had been registered in 2006 contained the following restriction: “No transaction with a value greater than £500 to be actioned without the written permission of my son SC.” The attorney applied for an order removing the restriction on the grounds that SC’s whereabouts were unknown and had not been heard from for 12 months. The attorney wished to sell the donor’s house to pay for care home fees. The court determined that, having regard to all the circumstances, the restriction was an unreasonable fetter on the scope of the attorney’s authority, and was having an adverse impact on the management and administration of the donor’s property and affairs. The restriction was accordingly severed and the Public Guardian was directed to register a note to that effect. [OPG summary - EPA case.]

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of restriction fettering attorney’s authority " as "Re Corbett (an order of the Senior Judge made on 4 December 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Summary on OPG section of Justice website†.This is a link to an archived version of the web page (archived on 6/10/14).