Category: Lasting Powers of Attorney
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Key Changes to Gifting Guidance from the OPG
The Office of the Public Guardian has updated its guidance, introducing important changes that deputies and attorneys need to be aware of. These updates clarify how best interests are determined, specify when an application to the Court of Protection is necessary, and reinforce compliance requirements. This article breaks down each change in detail, helping you…
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Navigating Trusts in Deputyships: Lessons from Nilsson v Cynberg on Express and Constructive Trusts
In the recent case of Nilsson v Cynberg (2024 EWHC 2164 Ch), the High Court addressed a question of increasing relevance for those of us managing property and finances under Court of Protection orders: how can informal agreements, particularly those related to property ownership, coexist with or override formal express declarations of trust? For…
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Top 15 Questions About Powers of Attorney
Understanding powers of attorney (POAs) can be crucial for planning your future. Here are the top 15 most commonly searched questions about powers of attorney. 1. What is a Lasting Power of Attorney (LPA)? An LPA is a legal document that lets you appoint someone (an attorney) to make decisions on your behalf if you…
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Navigating Holiday Gifting: Legal Tips for Attorneys and Deputies
With the festive season just around the corner, gift-giving is on everyone’s mind. For attorneys and deputies, this period brings the important task of ensuring that any gifts given are both thoughtful and legally appropriate. Attorneys and deputies have the responsibility to make gifting decisions for others, but it’s important to remember that this role…
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New Legislation Alert: The Impact of the Power of Attorney Act 2023
In a significant legal development, the UK has reformed its Lasting Powers of Attorney (LPAs) with far-reaching amendments. After a detailed public consultation and subsequent Royal Assent granted on 18 September 2023, the new Power of Attorney Act is now law. This change marks the culmination of a lengthy process designed to modernise and make…
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Failing Our Vulnerable: An In-Depth Look at the OPG’s Oversight Weaknesses
In the shadowy corners of our societal conscience, a covert epidemic is spreading, largely unnoticed: elder abuse. As our global population continues to age, an escalating number of older adults find themselves in the cruel grip of exploitation, frequently by those they rely upon for their care. This investigation seeks to illuminate the problem of…
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Lasting Power of Attorney
A lasting power of attorney (LPA) is a way of giving someone you trust, your attorney, the legal authority to make decisions on your behalf if you lose the mental capacity to do so in the future, or if you no longer want to make decisions for yourself. There are two types of LPA: LPA for…
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What Type of Power of Attorney Is Right For You?
What Is a Power of Attorney? A power of attorney is a legal document that lets you give one or more person the power to make decisions and manage: As long as you’re aged 18 or over, you can set one up at any time, providing you’re able to weigh up information and make decisions…
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Making Gifts As An Attorney
If you’re acting on behalf of a loved one, as an attorney or a deputy, big occasions such as Christmas, birthdays or anniversaries can raise some questions. It’s not compulsory for you to give gifts, unless clearly stated in the lasting power of attorney or court order, and should always be done with the best interest in mind of the donor (the person…
Jessica Jarvis 