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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.]

OPG summary in full

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:

  • "Extended powers to deal with my affairs. My Attorney may take decisions on where I shall live (if I have become mentally incapable of taking these decisions for myself) provided that these decisions are in my best interests. My Attorney may negotiate with Social Services and any other relevant authorities to secure the best treatment and accommodation on my behalf that can be obtained."
  • Power to consent to medical treatment. My Attorney may give consent to medical treatment on my behalf provided that it is carried out to save my life or to ensure improvement or to prevent deterioration in my physical or mental health."
  • Extended power to make gifts. My Attorney may make such gifts on my behalf as he sees fit to reduce the burden of Inheritance Tax on my estate provided that these are consistent with the provisions of my Will and provided that my lifestyle at the date of making the gift is in no way jeopardised by the making of the gift."

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.

Note

The summary above is taken from the OPG website. It is listed under the heading "Severance of restrictions incompatible with an EPA" as "Re Hollins (an order made by District Judge Jackson on 10 June 2009)".

External link

No Bailii link (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).

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