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Lasting Powers of Attorney

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Giving Gifts under a Lasting Power of Attorney

The Mental Capacity Act 2005 (MCA) dictates how an attorney can act in relation to making gifts of the Donor’s assets; these rules apply to situations where the attorney is acting under an Enduring Power of Attorney and a Lasting Power of Attorney (LPA). If the Donor has the mental capacity to make the gift […]

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Can we pre-empt a change in the law for assisted suicide in Lasting Powers of Attorney?

At present, a Lasting Power of Attorney (LPA) for health and welfare allows a donor to decide whether they give consent for their attorneys to make decisions regarding their life sustaining treatment. However, the Office of the Public Guardian (OPG) brought a case in front of the Court involving the possible registration of a series of […]

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Lasting Powers of Attorney

As the owner of a Holiday Park or a Residential Park it is important that you plan for the future to protect your business assets. As part of this, it is key to plan ahead and give authority to a trusted person (or people) to handle your finances and carry on your business if you […]

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The importance of Advance Directives and Lasting Powers of Attorneys

You may have heard of the recent case in the news where a judge ruled that Paul Briggs, who suffered a severe brain injury from a motorcycle crash in 2013, should be allowed to die. The case was prompted by his wife, Lindsay, who argued that his ‘minimally conscious state’, where he is being kept […]

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Plan, Talk, Live

Plan, Talk, Live is the theme of the Dying Matters Week organised by the charity Dying Matters to take place between the 18 and 24 May 2015. The aim of the week is to have the population talk about death and planning for later life both of which are such taboo subjects. Local events are […]

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Your New Year’s Resolution: Plan for your future

If you promise to do only one thing for yourself this year, why not plan for your future by making a Will and Lasting Power of Attorney. Wills Writing a Will is one of the most important arrangements a person can make during their lifetime. By writing a Will, you ensure that upon death your […]

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Digital by Default – a review of Lasting Powers of Attorney

The Ministry of Justice (MOJ) published a consultation about how it intends to fully digitise the process for creating and registering LPAs. The consultation period ended on 26 November 2013 and it is expected that the MOJ will make a final decision in 2014 on whether legislation to enable the making of a fully digital […]

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Your health in the Court’s hands

A recent controversial decision has been made by the Court of Protection, after deciding that it is in the best interests of the 61 year old lady to face life threatening surgery. The lady named K for the purposes of this case, suffers from severe schizophrenia and has sadly been diagnosed with having cancer of […]

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Lasting Powers of Attorney

As a solicitor in our private client department I am becoming involved in an increasing number of Court of Protection cases. These cases generally arise when individuals who have failed to make a Lasting Power of Attorney lose mental capacity and need assistance with their finances and paperwork. The only way in which someone can […]

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Lasting Powers Of Attorney

What would happen to your finances, if you were suddenly incapacitated and couldn’t deal with things? Who would be able to step in and help you? Unless you had made a Lasting Power of Attorney, the answer is, no-one. Not even your spouse or civil partner can do this. Incapacity can be caused by many […]

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