lasting powers of attorney

Powers of attorney: Creating the bulletproof LPA

The Public Guardian v RI provides welcome clarity of the criteria for determining capacity for the purposes of s22(2)(a) of the Mental Capacity Act 2005. Katharine Elliot explains Poole J’s judgment clarifies both the evidence which should be provided to the Court of Protection in determining a s22 MCA 2005 application and the relevant information …

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Lasting powers of attorney: The scope of gifts

Peter Walker examines whether the case of Chandler v Lombardi advances our understanding on what gifts an attorney can make under an LPA If any gifts do not fully comply with the conditions and have not been specifically approved by the Court of Protection, then they are void as opposed to voidable, and therefore recoverable …

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Lasting powers of attorney: Engaging override

Francesca Gardner looks at the first case to be reported from the Court of Protection on whether a power should be registered when the attorneys are at odds The court was clear in its assessment that KC’s daughters, as a result of the acrimony between them, would not be able to effectively consult one another …

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