The Mental Capacity Act (2005) includes clear direction on how to approach the process of ‘gifting’. This applies to anyone acting as an LPA for Property and Finances, or as anyone assigned the role of Deputy by the Court of Protection.
Read More »Gifting
A Lasting Power of Attorney (LPA) is an important legal document. It allows for a trusted person (or persons) to be assigned as Attorney should there come a point in the future where the individual (the Donor) lacks capacity to make decisions for themselves.
Read More »How to revoke an LPA
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing… Read More »LPA certificate provider responsibilities
STEP is a global professional body comprising lawyers, accountants and other professionals who help families plan for the future. It has recently published a research… Read More »Loss of Mental Capacity: A Global Perspective
In a recent blog we explored the decision-specific nature of the Mental Capacity Act (2005) in practice. In today’s blog, we will explore how this applies to Lasting Power of Attorney (LPA).
Read More »Case study: LPA in practice
An appointee is someone who has been appointed to act on behalf of a person claiming benefits who cannot manage independently due to being ‘mentally incapable or severely impaired’.
Read More »What is an appointee?As of 18th September 2023, the Powers of Attorney Act has become law for England and Wales, providing a greater legislative framework and direction around Lasting Powers of Attorney and related matters.
Read More »Powers of Attorney Act 2023
There are a number of details that need to be established before a mental capacity assessment is carried out. Without this information, the test may not be valid, and the outcome may be challenged at a later date.
Read More »What information is needed for a mental capacity assessment?
In the final part of our series on the Adults with Incapacity Act for Scotland (AWI), we look at important issues relating to power of attorney (PoA), guardianship, intervention orders and monitoring bodies.
Read More »Adults with Incapacity Act (Scotland): Part 3
A Lasting Power of Attorney (LPA) is a trusted person (or persons) assigned to make decisions on behalf of someone who lacks capacity to make decisions for themselves. Crucially, LPAs are assigned by an individual while they still have capacity, as a means of preserving their wishes should they become unable to make decisions for themselves at some point in the future.
Read More »Understanding the difference between LPA and Deputy