Category Archive: Lasting powers of attorney

Lasting Power of Attorney and end-of-life planning in the winter season

The winter season can present a variety of challenges. As has been well-documented, the NHS are annually put under increasing pressure as the nights grow longer and the temperature plummets. Though many people often avoid the subject, it is fundamental that you have the correct provisions in place for the future, particularly as winter takes…

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10 reasons to make an LPA

The thought of losing our capacity to make decisions about our health and welfare, as well as our property and financial affairs, is not something that we like to dwell on. However, the reality is that it can happen at any time, due to illness, injury, or age-related degeneration. For this reason, it is essential…

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Court of Protection – Q&A

We participated in Solicitors Chat yesterday on Twitter answering questions about Court of Protection. Our Chartered Legal Executive, Janine Guthrie, was on hand to provide some much needed guidance. We’ve set out our answers out below. What is the Court of Protection and who does it help? The Court of Protection exists to safeguard vulnerable…

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Lasting Powers of Attorney and Assisted Suicide – High Court Ruling

Those who take the wise step of signing lasting powers of attorney (LPAs) are entitled to give instructions concerning their future medical treatment. But, as a guideline High Court ruling made plain, that right does not extend to requiring attorneys to break the law by engaging in assisted suicide or euthanasia. The Office of the…

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Enduring Powers of Attorney – Why it is so important for an Attorney to keep records and document all decisions.

An application was made to the Court of Protection for retrospective approval of gifts and payments for voluntary care by the attorney under an enduring Power of Attorney. The incapacitated person at the time of the application was 95 years old and suffering from advanced dementia and was living in a residential home. The applicant…

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Court of Protection workload is on the rise!

The latest statistics show that the Court of Protection’s workload is growing at a rapid pace.  There were 38,945 orders made under the Mental Capacity Act in 2017 which was an increase of nearly 50% in 2016. Over a third (40%) of the orders made related to the appointment of a deputy for property and affairs. The…

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Are you due a partial refund?

You may have seen in the news that if you registered a Lasting Power of Attorney (LPA) between 1 April 2013 to 31 March 2017, you can apply for a refund of part of your application fee. This is the amount that you would have paid to register your LPA. The refund scheme applies to…

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