Category: powers of attorney

The Court of Protection and the Appointment of a Deputy – Becket Chambers

Posted July 8th, 2020 in civil procedure rules, Court of Protection, news, powers of attorney by sally

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

Full Story

Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

Lasting Powers of Attorney – Family Law

Posted April 20th, 2020 in families, news, powers of attorney by tracey

‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’

Full Story

Family Law, 16th April 2020

Source: www.familylaw.co.uk

‘Power of attorney more important than will’, says widow – BBC News

Posted November 18th, 2019 in bereavement, documents, news, powers of attorney, wills by sally

‘The wife of a man who died in an electric skateboard crash has spoken of the importance of a legal document that let him “die with dignity”.’

Full Story

BBC News, Novembet 2019

Source: www.bbc.co.uk

Coercive abuse and how a private client lawyer can help – Family Law

Posted September 26th, 2018 in coercive & controlling behaviour, domestic violence, families, news, powers of attorney, wills by sally

‘Coercive abuse became a criminal offence under the Serious Crimes Act in 2015. We define coercive abuse as the act of coercive or controlling behaviour in an intimate or family relationship.’

Full Story

Family Law, 25th September 2018

Source: www.familylaw.co.uk

Warring families assigned mediators to stop them fighting over power of attorney – Daily Telegraph

Posted May 4th, 2018 in dispute resolution, families, news, powers of attorney by tracey

‘Warring families are to be assigned mediators to stop to stop them fighting over power of attorney for loved ones. A pilot scheme being run by the Office of the Public Guardian will fund professional help for families embroiled in disputes over issues such as inheritances or control of finances.’

Full Story

Daily Telegraph, 3rd April 2018

Source: www.telegraph.co.uk

Court of Protection solicitor convicted of neglect following elderly mother’s death – Legal Futures

Posted April 3rd, 2018 in elderly, families, negligence, news, powers of attorney, solicitors, wilful neglect by sally

‘An associate in a law firm’s Court of Protection team has been convicted of the wilful neglect of her own elderly mother, who died in squalor despite the solicitor having power of attorney to act on her behalf.’

Full Story

Legal Futures, 3rd April 2018

Source: www.legalfutures.co.uk

Calls for inquiry over financial abuse of vulnerable care home residents as figures show 13,000 have been affected – Daily Telegraph

Posted February 19th, 2018 in care homes, elderly, freedom of information, inquiries, news, powers of attorney by sally

‘Care home managers reported almost 13,000 concerns that vulnerable residents were experiencing financial abuse in the past four years, new figures show.’

Full Story

Daily Telegraph, 17th February 2018

Source: www.telegraph.co.uk

Preventing elderly financial abuse – Family Law

Posted December 18th, 2017 in elderly, families, news, powers of attorney by sally

‘There shouldn’t be anything suspicious about a young man accompanying his aunt to see her solicitor. Frail or elderly people often seek the assistance of family members when making important decisions. Most of the time, there is indeed no concern, just a caring relative looking after a loved one. But there is a growing sense among private client practitioners that financial elderly abuse is on the rise, and an overly protective nephew could be a sign that the situation is perhaps not as straightforward as it seems.’

Full Story

Family Law, 14th December 2017

Source: www.familylaw.co.uk

Power of attorney could be granted online under FCA proposals – Daily Telegraph

Posted September 22nd, 2017 in electronic filing, news, powers of attorney by sally

‘Power of attorney should be granted online, City watchdogs have suggested, as lawyers warn the move would put the elderly at risk of fraud.’

Full Story

Daily Telegraph, 21st September 2017

Source: www.telegraph.co.uk

Court of Protection judge criticises firm for ‘brutal and insensitive’ comments – Law Society’s Gazette

Posted August 23rd, 2016 in appeals, deprivation of liberty safeguards, law firms, news, powers of attorney, solicitors by sally

‘A north-west firm is considering appealing a Court of Protection ruling in which it was removed as a financial deputy in a case concerning deprivation of liberty and care arrangements.’

Full story

Law Society’s Gazette, 19th August 2016

Source: www.lawgazette.co.uk

Retired company director fined and reprimanded for destroying his own mother’s grave – Daily Telegraph

Posted June 27th, 2016 in burials and cremation, costs, Court of Protection, criminal damage, families, fines, guilty pleas, injunctions, news, powers of attorney by sally

‘A retired company director has paid £4,500 in costs after being reprimanded by a judge for vandalising his own mother’s gravestone with a hammer.’

Full story

Daily Telegraph, 26th June 2016

Source: www.telegraph.co.uk

Lawyer takes charge of financial affairs of titled woman who was last patient to undergo ‘lunacy inquisition’ – Daily Telegraph

Posted January 14th, 2016 in Court of Protection, mental health, news, powers of attorney, solicitors by sally

‘The woman, who is in her late 70s, underwent a frontal leucotomy in 1962 to cut nerve fibres in the brain.’

Full story

Daily Telegraph, 13th January 2016

Source: www.telegraph.co.uk

Mental Capacity Law Newsletter – 39 Essex Chambers

Posted November 12th, 2015 in Court of Protection, deprivation of liberty safeguards, health, mental health, news, powers of attorney by sally

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

Management consultant charges mother £400 for each visit to nursing home – Court of Protection – UK Human Rights Blog

Posted October 29th, 2015 in expenses, families, news, powers of attorney, remuneration by sally

‘This Court of Protection case has, unusually, made the papers, and when you read the details you won’t be surprised. What the judge described as a “callous and calculating” son charged his widowed mother, who suffered from dementia, more than £117 000 for “out of pocket expenses” visiting her in her nursing home. He had been in charge of her expenses since 2004 when Sheila (the mother) had been admitted to hospital under the Mental Health Act 1983. But alarm bells only went off after her unpaid nursing bills reached nearly £30 000. The Public Guardian launched an enquiry that led to this hearing of an application for the court to revoke the son’s (Martin’s) Enduring Power of Attorney (‘EPA’) and to direct him to cancel its registration. The Public Guardian also applied to freeze Sheila’s bank account.’

Full story

UK Human Rights Blog, 28th October 2015

Source: www.ukhumanrightsblog.com

Lawyer plundered more than £600,000 from elderly clients to pay for call girls – Daily Telegraph

Posted June 2nd, 2015 in news, powers of attorney, sentencing, solicitors, theft by sally

‘The village solicitor raided the accounts of 13 clients aged between 67 and 100 and spent the money on ‘pens, pottery, pornography and prostitutes’.’

Full story

Daily Telegraph, 1st June 2015

Source: www.telegraph.co.uk

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Posted March 18th, 2015 in consent, contempt of court, Court of Protection, damages, disabled persons, elderly, guardianship, health, human rights, inquests, learning difficulties, litigation friends, mental health, news, powers of attorney, Scotland by sally

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

A practical approach to advising vulnerable clients – The Future of Law

Posted September 8th, 2014 in barristers, Court of Protection, disabled persons, elderly, health, human rights, legal representation, mental health, news, powers of attorney, self-harm, solicitors by sally

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

Full story

The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

Guardianship of the property and affairs of missing persons – Ministry of Justice

Posted August 28th, 2014 in consultations, guardianship, missing persons, news, powers of attorney by sally

‘When a person goes missing, there is currently no legal mechanism for another person to manage his or her affairs during his or her absence. This can lead to the dissipation of the missing person’s assets (for example, through uncancellable Direct Debits) and the deterioration or loss of assets (for example, through lack of maintenance or failure to meet financial obligations, such as mortgage payments).’

Full story

Ministry of Justice, 27th August 2014

Source: www.consult.justice.gov.uk

New legal powers for families of missing people on the horizon – Daily Telegraph

Posted August 28th, 2014 in consultations, families, guardianship, missing persons, news, powers of attorney by sally

‘Campaign by Claudia Lawrence’s father Peter leads to proposals to give relatives of missing loved ones power over their financial affairs.’

Full story

Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

Lasting powers of attorney applications to be made simpler and easier – Ministry of Justice

Posted August 22nd, 2014 in internet, powers of attorney, press releases by tracey

‘Lasting powers of attorney will be easier and simpler for people to make, Justice Minister Simon Hughes announces.’

Full press release

Ministry of Justice, 21st August 2014

Source: www.gov.uk/government/organisations/ministry-of-justice