39 Essex Chambers June 2024 Mental Capacity Report – Mental Capacity Law and Policy

‘The June 2024 Mental Capacity Report is now out. Highlights this month include:

(1) In the Health, Welfare and Deprivation of Liberty Report: when no option is a good one, snapshots from the frontline, and are we listening closely enough to the person in the context of deprivation of liberty;

(2) In the Property and Affairs Report: the Powers of Attorney Act 2023 on election hold, contesting costs in probate cases and guidance on viewing LPAs online;

(3) In the Practice and Procedure Report: post-death costs, what does it mean to be an expert in the person, and procedure in brain stem death cases;

(4) In the Mental Health Matters Report: the MHA 1983 under strain in police cells and the hospital setting;

(5) In the Wider Context Report: the inherent jurisdiction – a case, guidance, and a challenge from Ireland; the older child and medical treatment decisions – mental capacity or competence, and Capacity and contempt proceedings – what is the test?

(6) In the Scotland Report: guardianship under examination before the Sheriff Appeal Court and Scottish Government’s Mental Health and Capacity Reform Programme.’

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Mental Capacity Law and Policy, 6th June 2024

Source: www.mentalcapacitylawandpolicy.org.uk

The Public Guardian and applications to revoke lasting powers of attorney – Local Government Lawyer

‘The Office of the Public Guardian was recently ordered to pay costs after the dismissal of its application to the Court of Protection to revoke lasting powers of attorney. Christine Cooper explains why.’

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Local Government Lawyer, 25th March 2024

Source: www.localgovernmentlawyer.co.uk

TA v the Public Guardian and Duties of a Certificate Provider – Parklane Plowden Chambers

Posted March 11th, 2024 in appeals, chambers articles, Court of Protection, news, powers of attorney by sally

‘The case involved an appeal to Mrs Justice Lieven by P’s potential attorney (“the Appellant”) from a decision of HHJ McCabe sitting in the Court of Protection. The Judgement is short, and therefore probably worth reading, particularly if you want to be refreshed of all the relevant statutory provisions which I have not set out in this note.’

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Parklane Plowden Chambers, 6th February 2024

Source: www.parklaneplowden.co.uk

New legislation paves the way for a digital application process for lasting powers of attorney – Mills & Reeve

Posted October 2nd, 2023 in bills, chambers articles, internet, news, powers of attorney by sally

‘A Powers of Attorney Bill, which will enable lasting powers of attorney (LPAs) to be applied for digitally, has passed through parliament successfully and received Royal Assent.’

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Mills & Reeve, 29th September 2023

Source: www.mills-reeve.com

Step forward to online lasting powers of attorney – Ministry of Justice

Posted September 22nd, 2023 in internet, Ministry of Justice, news, powers of attorney by tracey

‘The most vulnerable in society will be better protected as reforms to simplify and streamline lasting powers of attorney are given Royal Assent.’

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Ministry of Justice, 19th September 2023

Source: www.gov.uk

New how-to guide to help families access trust funds of disabled young adults – Ministry of Justice

‘Parents who care for disabled young people will be better supported to access vital savings – including Child Trust Funds – thanks to the launch of a new easy-to-use guide.’

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Ministry of Justice, 9th June 2023

Source: www.gov.uk

Council told to apologise after care home errors – BBC News

Posted March 13th, 2023 in care homes, elderly, local government, news, powers of attorney by tracey

‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’

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BBC News, 11th March 2023

Source: www.bbc.co.uk

Will disputes – Mills & Reeve

Posted January 17th, 2023 in executors, news, powers of attorney, probate, wills by sally

‘It’s becoming more and more common to see disputes over inheritance. In 2019, 188 cases of challenging Wills reached the High Court, a dramatic increase of 47% from cases in 2018. In fact, it is now estimated that 3 in 4 people are likely to encounter such a dispute within their lifetimes. It is more important than ever therefore to be aware of the grounds upon which a Will may be challenged.’

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Mills & Reeve, 16th January 2023

Source: www.mills-reeve.com

MoJ backs lasting power of attorney bill – Law Society’s Gazette

Posted December 14th, 2022 in bills, internet, Ministry of Justice, news, powers of attorney by sally

‘The government has backed a private members bill that will allow lasting powers of attorney to be made completely online. The Lasting Power of Attorney Bill, which brings forward government proposals to modernise the process, completed its second reading last Friday.’

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Law Society's Gazette, 13th December 2022

Source: www.lawgazette.co.uk

Modernising lasting powers of attorney: change is coming – Legal Futures

‘In 2007, the Mental Capacity Act 2005 introduced Lasting Powers of Attorney (LPAs) which for the first time allowed a donor to appoint an attorney to make decisions both about their property and financial affairs, but also about their health and welfare.’

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Legal Futures, 17th August 2022

Source: www.legalfutures.co.uk

High Court: Ex-City solicitor failed to return $25m fund to Saudi princess – Legal Futures

Posted July 8th, 2022 in forgery, news, powers of attorney, Saudi Arabia, solicitors by sally

‘A former City solicitor was wrong not to return to a Saudi princess a $25m fund he had been managing for her over several years, the High Court has ruled.’

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Legal Futures, 8th July 2022

Source: www.legalfutures.co.uk

Electronic signatures instead of witnesses for LPAs stay on the table – Legal Futures

‘The government has refused to rule out replacing the witnessing of lasting powers of attorney (LPAs) with electronic signatures despite widespread opposition in a consultation.’

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Legal Futures, 20th May 2022

Source: www.legalfutures.co.uk

Cheshire family conned vulnerable relative out of £145k – BBC News

Posted March 15th, 2022 in families, fraud, learning difficulties, news, powers of attorney, sentencing by tracey

‘Three family members who stole almost £150,000 from a vulnerable relative to fund lavish holidays have been jailed.’

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BBC News, 14th March 2022

Source: www.bbc.co.uk

Society voices ‘genuine concerns’ about power of attorney reforms – Law Society’s Gazette

‘The Law Society has raised concerns about plans to make it easier to obtain lasting power of attorney (LPA), warning that sufficient safeguards must remain in place to protect the vulnerable.’

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Law Society's Gazette, 14th October 2021

Source: www.lawgazette.co.uk

Research Briefing: Powers of attorney and other decision-making powers – House of Commons Library

‘This Commons Library briefing paper deals with powers of attorney and other ways of authorising someone to make a decision for another person in England and Wales.’

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House of Commons Library, 6th October 2021

Source: commonslibrary.parliament.uk

Solicitors oppose move to digital signatures for LPAs – Legal Futures

Posted November 16th, 2020 in electronic filing, fraud, news, powers of attorney, solicitors, statistics by sally

‘The vast majority of solicitors want to retain the rule that donors must physically sign lasting powers of attorney (LPAs) rather than move to electronic signatures, a survey has found.’

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Legal Futures, 16th November 2020

Source: www.legalfutures.co.uk

Health and Care Lasting Powers of Attorney – Family Law

Posted September 18th, 2020 in care homes, Court of Protection, health, medical treatment, news, powers of attorney by tracey

‘When we think about Lasting Powers of Attorney we usually think about property and financial affairs. There is, however, a second type of Lasting Power of Attorney which relates to health and care. In the current circumstances, it may be particularly relevant and important to consider putting in place health and care Lasting Powers of Attorney.’

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Family Law, 16th September 2020

Source: www.familylaw.co.uk

The Court of Protection and the Appointment of a Deputy – Becket Chambers

‘When a person loses the mental capacity to make decisions for themselves (and they haven’t already put a power of attorney in place), those who care for them may need to apply to the Court of Protection (COP) to appoint a Deputy. In this article I will briefly sets out the differences between a lasting power of attorney (LPA), enduring power of attorney (EPA) and a Deputy. I will then give a sketch of how the Court of Protection works.’

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Becket Chambers, 3rd July 2020

Source: becket-chambers.co.uk

Lasting Powers of Attorney – Family Law

Posted April 20th, 2020 in families, news, powers of attorney by tracey

‘LPAs are crucially important documents which, like Wills, everyone should consider putting in place. They have become increasingly popular since their introduction in 2007.
It is often thought that LPAs are ‘for the elderly’ or ‘only needed if you have lost mental capacity’. However, they can, in fact, be helpful in a wide range of circumstances, not only if one has lost mental capacity and, in any event, it is important to think about LPAs before the point of loss of capacity.’

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Family Law, 16th April 2020

Source: www.familylaw.co.uk

‘Power of attorney more important than will’, says widow – BBC News

Posted November 18th, 2019 in bereavement, documents, news, powers of attorney, wills by sally

‘The wife of a man who died in an electric skateboard crash has spoken of the importance of a legal document that let him “die with dignity”.’

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BBC News, Novembet 2019

Source: www.bbc.co.uk