Re Fisher (2011) COP 28/7/11
The donor included the following provision in his LPA: "I direct that if I lack mental capacity or for any other reason am unable to deal with my day to day financial affairs then my Attorney is to pay from my business the sum of £4,000 per calendar month into the bank account of my wife." On the application of the Public Guardian the provision was severed on the ground it contravened section 12 of the MCA 2005. [OPG summary - LPA case.]
Summary from OPG section of Justice website.
Title: Re Fisher (an order of the Senior Judge made on 28 July 2011)
Heading: Severance of invalid restrictions relating to gifts
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 This is a link to an archived version of the web page (archived on 6/10/14).