Tag: lasting power 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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In the Spotlight: Re PW and Its Implications for Deputies
The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to…
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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…
Jessica Jarvis 