Miles and Another v The Public Guardian: ChD 1 Jul 2015

The court was asked whether certain provisions in two lasting powers of attorney were effective.
Nugee J said: ‘It does seem to me that it is right that the Act should be construed in a way which gives as much flexibility to donors to set out how they wish their affairs to be dealt with as possible, the Act being intended to give autonomy to those who are in a position where they can foresee that they may in the future lack capacity . .’

Judges:

Nugee J

Citations:

[2015] EWHC 2960 (Ch)

Links:

Bailii

Statutes:

Mental Capacity Act 2005 9

Jurisdiction:

England and Wales

Health, Agency

Updated: 29 January 2022; Ref: scu.573627