Latest Posts - December 2021
In recent years there has been a dramatic increase in people making Lasting Powers of Attorney (LPAs) to give decision making powers to trusted individuals (“attorneys”) in the event of loss of mental capacity. The government is now considering updating the paper-based process introduced in 2007, to a more modern, digital method whilst ensuring that appropriate safeguards are in place. A consultation process has taken place to examine the LPA making process.
When a donor creates Lasting Powers of Attorney for property and financial affairs, they appoint attorneys who are given authority under the Mental Capacity Act 2005 to make best interest decisions on behalf of the donor if the donor loses mental capacity to make decisions about their own money or property.
Many attorneys, often acting on behalf of a family member, will be unaware of the rules regarding making gifts on behalf of the donor generally but especially at Christmas. The Office of the Public Guardian has recently released new guidance on this topic which is summarised below.
Many of our clients are understandably apprehensive about their first meeting with a family solicitor to discuss a divorce, relationship breakdown or issues about children.
We know that talking about your private life, finances and children can be difficult, and we aim to deal with all your concerns and fears sensitively and empathetically. What you discuss with your solicitor is confidential. Rest assured, you will never be judged, whatever your circumstance. I do not think it is possible to shock a family solicitor!
‘Given that cohabiting couples are the fastest growing family type in England, it is surprising that they do not share the same legal rights as others.’
Caroline Nokes, chair of the Women and Equalities Committees.
A recent inquiry of The Women and Equalities Committee has found that the number of cohabitating partners in England and Wales is rising with over 3.4 million partners currently cohabitating in 2020. This is an increase from 1.5 million in 1996 which makes it a popular family unit in today’s society.
This week is Good Divorce Week 2021 (29 Nov - 3 Dec). Every year this campaign starts important conversations around divorce and separation. It is organised by Resolution, a community of family justice professionals aiming to resolve separation issues in a constructive way and delivering better outcomes for their clients.
Resolution found that, two thirds of separated parents surveyed ahead of this week’s Good Divorce Week, said they lacked help or advice about how to put children first when they split from their partner.
This year Hughes Paddison and other Resolution members are helping to raise awareness about how parents can embrace a child-focused approach to separation.
