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Category:EPA cases - severance of restrictions


The old category structure used on this page is comprehensive as it contains every relevant case. The new database structure was introduced in 2019. It is more potentially useful than the old categorisation system: it includes all cases since January 2017, but only a minority of older cases: see Special:Drilldown/Cases. The pages below are initially ordered according to the dates on which they were added to the site (most recent first). The order can be changed by clicking on the symbol beside a column heading: click on the symbol beside "Page and summary" for alphabetical order; click beside "Categories" for the order in which the cases were reported. Click on the arrow symbol again to reverse the order. Click on a page name to view the relevant page. Asterisks mark those cases which have been added to the new database structure.

Case and summary Date added Categories
Re Johnston [2012] MHLO 130 (EPA) — The donor appointed two attorneys to act jointly and severally. The donor included the following restriction: "The property at [address] shall not be disposed of without the agreement of A, B and C, as children of [the donor] in addition to the attorneys." On the attorneys' application the restriction was severed as being ineffective as part of an EPA. [OPG summary - EPA case.] 2012‑12‑18 22:17:46 2012 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Taylor [2012] MHLO 24 (EPA) — (1) In Re Dunningham: The donor appointed two attorneys, A and B, to act jointly and severally. She then imposed the following restriction: "and the said B shall have no authority to act on my behalf unless the said A has died or is incapable of acting as my Attorney". On the application of the attorneys for severance, the court severed the restriction as being inconsistent with a joint and several appointment. (2) In Re Taylor: on similar facts, the court severed the words 'jointly and severally'. [OPG summaries - EPA cases.] 2012‑03‑22 21:04:40 2012 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Jarman (2011) COP 8/8/11 — The donor made an EPA appointing attorneys to act jointly and severally. He included the following restriction: "While both of my Attorneys are alive and of capacity they are to act jointly and a certificate from a practising doctor will be sufficient evidence of capacity of either of my Attorneys." On the application of the attorneys the court severed the restriction as being incompatible with a joint and several appointment. [OPG summary - EPA case.] 2011‑10‑01 21:54:15 2011 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Stevens (2011) COP 11/1/11 — The donor made an EPA including the following provision: "The word "seasonal" in section 3(5) of the Enduring Powers of Attorney Act 1985 includes the end of one tax year and the beginning of another." On the application of the attorneys the court severed the provision as being ineffective as part of an EPA. [OPG summary - EPA case.] 2011‑01‑30 19:52:37 2011 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Harris (2011) COP 6/1/11 — The donor made an EPA purporting to authorise the Attorneys to do the following: "Making a choice on my behalf for any nursing/residential care needed for me in the future." On the application of the Attorneys the court severed the provision on the ground that it would be ineffective as part of an EPA, because it sought to authorise Personal Welfare decision making. [OPG summary - EPA case.] 2011‑01‑30 19:50:53 2011 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


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.] 2011‑01‑30 19:49:58 2011 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Berg (2010) COP 31/12/10 — The donor made an EPA appointing A and B to act jointly. He then added: "so long as neither Attorney dies or is incapacitated in which eventuality the other Attorney is empowered to act on his own". On the application of the attorneys the court severed the restriction as being incompatible with a joint appointment. [OPG summary - EPA case.] 2011‑01‑30 19:48:46 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Haworth (2010) COP 20/12/10 — The donor made an EPA appointing A and B to act jointly and severally. He then imposed the following restriction: "B shall not, while A is alive and mentally capable, without A's consent (a) sell, mortgage, charge, lease, or otherwise dispose of any asset of mine or (b) enter into any transaction with a value of more than £2,000." On the attorneys' application the court severed the restriction as being incompatible with a joint and several appointment. [OPG summary - EPA case.] 2011‑01‑30 19:47:28 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Williamson (2010) COP 25/10/10 — The donor appointed A, B and C to act jointly. He then imposed the following restriction: "The said B and C shall not exercise their authority under this Power whilst my wife is alive and able to act as my attorney." On the application of the attorneys the court severed the restriction as being incompatible with a joint appointment. [OPG summary - EPA case.] 2010‑11‑28 20:43:37 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Porter (2010) COP 26/7/10 — The donor appointed his wife and two children as attorneys, to act jointly and severally. He added the following restriction: "My wife may act alone during her lifetime and whilst she is mentally capable. My children shall act jointly." On the application of an attorney the court severed the restriction as being incompatible with a joint and several appointment. [OPG summary - EPA case.] 2010‑08‑16 22:15:47 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Pattison (2010) COP 11/5/10 — The donor appointed three attorneys, A, B and C, to act jointly and severally. A and B were her daughters. She then imposed the following restriction: "I direct that not less than two of my attorneys shall act whilst there are two alive and capable of acting and that initially those two shall be my two daughters." On the application of the attorneys the court directed severance of the restriction as being incompatible with a joint and several appointment. [OPG summary - EPA case.] 2010‑07‑09 20:46:24 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Candy (2010) COP 18/3/10 — The donor appointed two attorneys to act jointly and severally. She then imposed the following restriction: "neither of my attorneys will act without the approval of the other". On the application of the attorneys the court severed the restriction as being inconsistent with a joint and several appointment. [OPG summary - EPA case.] 2010‑04‑11 20:52:57 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Akpabio (2010) COP 15/3/10 — The donor made an EPA appointing two attorneys to act jointly and severally. He included the following restriction: "I want them to act jointly on important matters concerning my welfare including any future living arrangements and on any large financial decisions such as selling my property." On the application of the attorneys the court severed the restriction as being incompatible with a joint and several appointment. [OPG summary.] 2010‑03‑24 23:50:09 2010 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


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.] 2009‑11‑29 22:46:56 2008 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Shepherd (2009) COP 13/3/09 — The donor appointed three attorneys to act jointly, adding the words "Any two out of the three attorneys shall have power to sign jointly on my behalf". The court severed these words as being incompatible with a joint appointment. [OPG summary - EPA case.] 2009‑11‑29 22:39:10 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Bainbridge (2009) COP 10/3/09 — The donor appointed her three children to act jointly, adding the restriction "PROVIDED THAT in the event that any one or more of my said children shall die or shall for any other reason be unable to act as my Attorneys then I appoint my remaining children to be my Attorneys for the purpose of the Enduring Powers of Attorney Act 1985 and in the event that only one of my said children shall be able to act as my Attorney then I appoint him/her as my sole Attorney for the purposes of the Enduring Powers of Attorney Act 1985." On the application of the attorneys under paragraph 4(5) of Schedule 4 of the Mental Capacity Act 2005 to determine whether the power was valid, the court severed the restriction as being incompatible with a joint appointment. (OPG summary.) 2009‑11‑29 22:38:04 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Rayner (2009) COP 9/6/09 — The donor appointed A and B as attorneys to act jointly and severally with general authority to act in relation to all her property and affairs. She then imposed a restriction, stating that A and B should not act in relation to properties jointly owned with the donor, and that C was appointed as attorney in relation to these properties. On the application of the attorney the restriction was severed, with the result that A and B could act in relation to all the donor's property and affairs and C could not act. [OPG summary - EPA case.] 2009‑11‑29 22:36:10 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Meaker (2009) COP 16/6/09 — The donor appointed two attorneys to act jointly and severally. She added the following restriction: "My attorneys shall act jointly at all times unless the death, incapacity or bankruptcy of either one of them shall preclude her from acting, in which case the other Attorney shall continue to act alone". On the application of the attorney the restriction was severed as being ineffective as part of an EPA. (OPG summary.) 2009‑11‑29 22:35:20 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Dunningham (2009) COP 15/9/09 — (1) In Re Dunningham: The donor appointed two attorneys, A and B, to act jointly and severally. She then imposed the following restriction: "and the said B shall have no authority to act on my behalf unless the said A has died or is incapable of acting as my Attorney". On the application of the attorneys for severance, the court severed the restriction as being inconsistent with a joint and several appointment. (2) In Re Taylor: on similar facts, the court severed the words 'jointly and severally' [OPG summaries - EPA cases.] 2009‑11‑29 22:34:04 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Bridge (2009) COP 25/9/09 — The donor appointed three attorneys to act jointly and severally. He imposed the following restriction: "2 of the 3 can deal with any household or every day expenses, but for any other issues I would like all 3 attorneys to be signatories. In particular I would not like my house to be sold or money to be invested without agreement and signatory from all 3. My money and assets are to be used to cover my care and living expenses in old age and ill health." On the application of an attorney the court directed severance of the restriction as being ineffective as part of an EPA. (OPG summary.) 2009‑11‑29 22:32:21 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Wills (2008) COP 20/11/08 — The donor appointed three attorneys to act jointly and severally. She then imposed the following restriction: “Although I have appointed my Attorneys to act jointly and severally, I require that at least two of them shall sign any cheque on my behalf for a sum in excess of £500 or act in any transaction worth over £500.” On the application of the attorneys to determine whether the power was valid, the court severed the restriction. (OPG summary.) 2009‑11‑29 22:31:18 2008 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Blair (2008) COP 1/10/08 — The donor appointed two attorneys to act jointly and severally, and contained the following restriction: “For single transactions of a value in excess of £500 (five hundred pounds) then I declare my attorneys shall act jointly as against jointly and severally.” On the application of the attorneys under paragraph 4(5) of Schedule 4 of the MCA to determine whether the power was valid, the court severed the restriction. (OPG summary.) 2009‑11‑29 22:30:00 2008 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Robinson (2009) COP 18/9/09 — An EPA provided that "My Attorneys shall have power to deal with my affairs from time to time as may be necessary to reduce the incidence of Inheritance Tax at the date of my death provided that lump sum payments shall only be made to or on behalf of such persons who would otherwise receive the benefit of my estate as residuary beneficiaries (either original or substituted) of my Will." On the application of the attorneys the court severed this restriction on the ground that it would be ineffective as part of an EPA (because it exceeded the statutory power to make gifts under Sched 4 paragraph 3 of the MCA). [OPG summary - EPA case.] 2009‑11‑29 22:28:35 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Hollins (2009) COP 10/6/09 — In Part B of the instrument, under the heading "subject to the following restrictions and conditions", the donor wrote "See attached supplement". The attached supplement listed extended powers, including: (1) Extended powers to deal with my affairs, (2) Power to consent to medical treatment, and (3) Extended power to make gifts. The Public Guardian refused registration on the ground that the first two of the above provisions did not relate to the donor's property and affairs, and that the third was inconsistent with Schedule 4, para 3(3) of the Mental Capacity Act. On the attorney's application, the court directed severance of the attached supplement and the reference to it in Part B of the instrument. [Full details of supplement available on case page.] 2009‑11‑29 22:26:59 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Viveash (2009) COP 21/9/09 — An EPA provided that "I grant to my attorneys the power to deal with all matters concerning my welfare health and matters of a personal nature to me and all other matters affecting me or my possessions." On the application of the attorneys the court severed the restriction on the ground that it would be ineffective as part of an EPA. [OPG summary - EPA case.] 2009‑11‑29 22:22:22 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re King (2009) COP 14/7/09 — An EPA provided that "In case that I am unable to take part in decisions about my medical care then I appoint my Attorney to represent my views about them if I am unable to do so". On the application of the attorney the court severed this provision on the ground that it would be ineffective as part of an EPA. (OPG summary.) 2009‑11‑29 22:21:15 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Ditcham (2009) COP 12/5/09 — An EPA provided that "my attorney(s) may take decisions on where I shall live provided that these decisions are made in my best interests and may negotiate with Social Services and any other relevant authorities to secure the best treatment and accommodation on my behalf that can be provided". On the application of the attorneys the court severed this provision on the ground that it would be ineffective as part of an EPA. (OPG summary.) 2009‑11‑29 22:19:44 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


Re Furlow (2009) COP 1/10/09 — The donor appointed X and Y to act jointly and severally. He included the following provision: "X shall act with general authority on my behalf in relation to all my property and affairs. Y shall act with authority to do the following on my behalf: To deal with my bank accounts and savings and investments in relation to my bank accounts, savings accounts and investments." He then added: "Y may deal with my bank investments subject to my prior approval." On the attorney's application, both provisions were severed. The first was incompatible with a joint and several appointment (as one attorney had more limited powers than the other), and the second was unworkable after the donor's loss of capacity. [OPG summary.) 2009‑11‑26 00:01:19 2009 cases, Brief summary, EPA cases - severance of restrictions, Judgment does not exist, No transcript


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