LPA: statement providing for the needs of others


(Rhoddy McGrigor) #1

I have been looking at the Public Guardian Practice Note PN7: Giving gifts, in particular the section “Providing for other’s needs”. This refers to the case of The Public Guardian’s Severance Applications (Rev1) [2016] EWHC COP 10 (19 June 2017). The judgement suggests that “a prudent donor may wish to make the matter explicit by including a condition or statement in their LPA about future provision for the needs of specified persons.”
The Practice Guide doesn’t say whether statement should be incorporated at LPA section 7 under Preferences or Instructions. I would say Preferences.
Secondly, can anyone share statement wording that they have registered successfully through an ordinary application, so as to allow an attorney to provide for their spouse or dependent children?

On a related but distinct point, I cannot see that it should it make any difference to the wording of the statement if, as is common, that spouse or child is also the attorney. I would welcome the views of others.

Rhoddy McGrigor
McMillan Williams