Guardianship and Parental Responsibility

Guardianship and Parental Responsibility

By | Guardianship, Parental Responsibility | No Comments

An appointment of testamentary guardians is rarely considered by a parent, but it is highly desirable that they should consider who should look after their children if both were to lose their lives while their children are under eighteen. The appointment of a testamentary guardian can only be made by a person with parental responsibility. What is parental responsibility? The legal definition of parental responsibility is the rights, duties, powers, responsibilities and authority which by law a parent has in relation to their child and their property. This includes but is not limited to: Providing them with a home maintaining them; Choices about their medical treatment; How and where they are educated; Deciding their name. It does not include a duty to maintain the child financially, all parents have this duty regardless of whether they have parental responsibility. More than one person can have parental responsibility for the same child…

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Administration Notes

Administration Notes

By | Admin | No Comments

It has now been a couple of months since GDPR was introduced and the dust has settled slightly. New administrative procedures have been implemented and it is business as usual. WillPack has had a few requests for clarification on the reasons behind the choices we took regarding GDPR so this article will hopefully explain those. Background For WillPack the biggest change has been in how we receive instructions and send out drafts. One of things to come out of GDPR was that you can’t send personal data via email. GDPR defines personal data as: “…any information relating to an identified or identifiable natural person (“data subject”); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity…

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Power of Attorney

Common Errors in the Signing of Lasting Powers of Attorney

By | LPA | No Comments

As an important legal document, a Lasting Power of Attorney needs to be legible and the Office of the Public Guardian will reject any documents that do not meet their standards. Some common errors are detailed below: Dates The dating of a Lasting Power of Attorney is extremely important and the Office of the Public Guardian require these documents to be signed and dated in a precise order (please see our Signing Guidance). Any ambiguity in the dates will cause the Lasting Power of Attorney to be rejected. Please take the time to slowly and carefully write the date in the appropriate boxes (with one digit per box). Common errors are 5s that look like 8s, 0s looking like 6s or 9s, and 7s that look like 9s. It is also important to note that you should not overwrite the date if a mistake is made. Additionally, a number of…

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