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.
Back in 2005, the Government introduced the Child Trust Fund (“CTF”) and gave parents a gift of at least £250 to put into the CTF, so forming the basis of a nest egg for the child when they reached 18. Parents and other relatives...
We are all thinking more about our health at the moment and you may be concerned over how your wishes might be followed if the worst should happen and you are unable to make you own decisions regarding your treatment and care. Many people have strong...
There are nearly 1 million people currently living in the UK with dementia. Led by the Alzheimer’s Society, this week is Dementia Action Week, which is a national event that sees the public coming together to take action to improve the lives of people...
In October 2007 the Government introduced the Transferable Nil Rate Band (TNRB). All individuals have their own Nil Rate Bands (NRB) which has stood at £325,000 since 2009 and will remain at this level until at least 2026. The NRB is that part of the...
The Covid-19 vaccination rollout is the biggest inoculation programme the country has ever undertaken. Uptake of the vaccine has far outreached expectations, with more than 19 million having received at least one jab, and more than 700,000 a second. Yet, it...
Administering an estate can be a daunting task. Whilst there is no requirement to enlist the help of a solicitor, there are many reasons why it may be best to do so. Our team has many years’ experience and can help you to avoid common traps...
The Ministry of Justice (MoJ) has officially declared that Wills and Codicils witnessed remotely by video link will be deemed legal, as long as the quality of the sound and video is sufficient for the parties to see and hear what is happening at the time....
In recent months it has become much clearer just how important online services are. With this in mind, the Office of the Public Guardian (“the OPG”) has been working behind the scenes to make using Lasting Powers of Attorney (“LPAs”)...
There are many things to think and worry about at the moment, but something which may be causing you particular concern is whether your Will is up to date, or how you can put a Will in place if you do not already have one. It is definitely not too late, and...
In recent years there has been a significant increase in the number of people being taken to court for abusing their position of trust as someone’s attorney under a Lasting Power of Attorney (or an old style Enduring Power of Attorney) or failing to...
It is estimated that some 180,000 people run away or go missing each year in the UK. When a person goes missing, there are huge emotional and practical implications for his or her family members. A new law which came into effect on 31 July 2019...
A Lasting Power of Attorney (LPA) allows you to give a person you trust the legal power to make decisions on your behalf in case you later become unable to make decisions for yourself. The person who makes the LPA is known as the ‘donor’ and the...
Laptops, phones and tablets are all too common in the household and there is often much more value to these devices than just the price. These devices store videos, photos and music which are known as “digital assets”. If all of the available...
The costs of paying for residential care in later life, and the impact on their estate, are quite understandably of concern to many of our clients. Many people decide to sell their home and move in with relatives, hoping that their family will be able...
If you have children, we understand that life is busy and making a Will might not be on your mind. But once you fully understand what a Will can do to protect your children, making a Will should move to the top of your to-do-list. It is common for parents...
A High Court Judge has ruled in the recent case of Ninian v Findlay that Sarah Ninian, who accompanied her husband Alex Ninian to Dignitas for his assisted death, can claim his £1.8 million estate. Alex had been diagnosed with progressive...
It is now just over a year since Chancellor Philip Hammond wrote to the Office of Tax Simplification, an independent office of HM Treasury, asking them to carry out a review of the Inheritance Tax (IHT) regime. The Office spent much of 2018 investigating...
The simple answer is yes! Most people appreciate the importance of making a valid Will so that we can have control over where our assets should go after we die. But you should also consider what would happen if you suddenly lost the capacity –...
The government has brought back its 2017 plan for a significant increase in probate application fees for estates in England and Wales. It is understood that the current plan to introduce the new probate registry fees will be in April 2019. The proposed new...
Frequently Asked Questions concerning Testamentary Guardian appointment:- Can I appoint a guardian for my minor children in my Will? Yes you can appoint a Guardian or Guardians of your minor children in your Will. When does the...
Normal Expenditure out of Income Exemption An underused but effective Inheritance Tax exemption is the normal expenditure out of income exemption . It may be the case that an individual has income which exceeds their reasonable requirements,...
A Health and Care Decisions Lasting Power of Attorney (LPA) allows you to appoint your choice of person or people to make health and care decisions on your behalf if you become permanently or temporarily mentally unable to make these decisions for...
It is very common these days for people to live together in committed relationships but without marrying or becoming civil partners. People in this situation are strongly advised to make Wills providing for each other because the law does not recognise this...
An Advanced Decision to refuse medical treatment (An "Advanced Decision") is a statement made by a person who must have capacity to make it and be over 18, to refuse consent to medical treatment in anticipation that in future he or she may lack the...
An individual Savings Account (ISA) is a savings account within which up to a certain limit interest is earned and capital gains made are free of tax. One of the characteristics of an ISA is that it can only be held by an individual. An ISA account can...
Top 7 tips for Owner Managed Businesses One of the myths and legends about law is that the world of Wills and probate never changes: actually it is a field that has seen more legislative change over the past 10 years than just about any other. This...
