Since 1st March 2017, it has been accepted that a donor’s will can be disclosed to the attorneys of their Property and Affairs Lasting Power of Attorney (LPA). Before this date, it was believed that the will could only be disclosed if the LPA gave express authorisation for this. Can the will be disclosed whilst … Read moreLasting Powers of Attorney: Can the donor’s will be disclosed to attorneys?
It has been over six months since the Office of the Public Guardian (OPG) announced their power of attorney refund scheme. Recent evidence however shows that only around 15% of those entitled to a refund have applied to the OPG. Due to this, we would like to put out a reminder about the scheme and … Read moreReminder: Office of the Public Guardian Refund Scheme
Reasonable Expenses All attorneys are able to claim reasonable expenses they incur whilst acting for the donor. This includes expenses such as postage, travel costs and the cost of an accountant preparing annual accounts. This does not have to specifically mentioned in the Lasting Power of Attorney (LPA) itself but could be included should the … Read morePaying Fees to an Attorney
Under an LPA, the donor can name specific replacement attorneys that will step in to act in certain situations. When the replacement attorneys step in will depend on how the original attorneys are appointed. Replacing a sole attorney Replacements attorneys will start acting as soon as the original attorney is no longer able to act … Read moreReplacement Attorneys on a Lasting Power of Attorney
An advance decision is a decision made by a person refusing consent to the giving or continuing of certain medical treatments. This statement is made whilst they have mental capacity, in anticipation of a time in the future when they no longer have capacity. Advance decisions are also commonly referred to as an advance decision … Read moreAdvance Decisions and Health and Welfare LPAs
After an LPA has been signed, it could be several months or years before the document is registered with the Office of the Public Guardian (OPG), or before they even need to be used. During this time the circumstances may change, and the donor may decide that he/she no longer wishes for one or more … Read morePartial LPA Revocation
In Lasting Power of Attorney documents, the donor can choose to place rules or guidance within the documents themselves to state exactly how they would like the attorneys to approach certain decisions should they lose the capacity to make decisions for themselves. This can be achieved on Section 7, Page 8 of each type of … Read moreLPAs – Instructions and Preferences
Subject to instructions saying otherwise, attorneys of a Property and Affairs Lasting Power of Attorney have a power to make the following gifts: Gifts to charities that the donor may have given to; and Gifts to family members, friends or acquaintances of the donor on ‘customary occasions’ A customary occasion for this purpose means occasions … Read moreAttorneys making gifts under an LPA
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Where a client is wishing to appoint multiple attorneys or replacement attorneys, it should be considered how these attorneys are to act. Multiple attorneys can either act jointly, jointly and severally or jointly in some matters and jointly and severally in others. Attorneys acting jointly must make decisions for the donor together and must all … Read moreHow Attorneys Can Act