Re Donegan (2011) COP 6/1/11
The donor made an EPA including the following provision: "All the while that I am practically and financially able to remain in my own home my Attorneys should ensure that I remain there. My Attorneys do not have power to sell my home." On the application of the Attorneys the court severed the restriction on the ground that it was ineffective as part of an EPA because it sought to confer Personal Welfare decision making powers on the Attorneys. [OPG summary - EPA case.]
Summary from OPG website.
Title: Re Donegan (an order of the Senior Judge made on 6 January 2011)
Heading: Severance of restrictions incompatible with an EPA
Not on Bailii - no transcript
Summary on OPG section of Justice website†.This is a link to an archived version of the web page (archived on 6/10/14).