Property and Affairs Report – February 2025 – 39 Essex Chambers
‘In the Property and Affairs Report: revoking Deputyship for a person no longer present in England & Wales.’
39 Essex Chambers, 1st February 2025
Source: www.39essex.com
Category: powers of attorney
Coercion, control and powers of attorney – a dilemma for the court – Mental Capacity Law and Policy
‘Re CA (Fact finding – capacity – inherent jurisdiction – injunctive relief) [2024] EWCOP 64 (T3) is a decision which is very helpfully summarised in the case title. In headline terms, it involved the court having to decide what to do, and how to do it, to secure the interests of CA, a 79 year old woman with dementia. Her daughter, DA, held lasting powers of attorney in respect of her mother’s property and affairs and health and welfare.’
Mental Capacity Law and Policy, 13th November 2024
Ombudsman recommends council review triaging procedures for Deprivation of Liberty Safeguards requests – Local Government Lawyer
‘The Local Government and Social Care Ombudsman has found Stockport Metropolitan Borough Council at fault for depriving a woman of her liberty without an authorisation, and failing to involve her attorney in a best interests meeting to decide on a new placement.’
Local Government Lawyer, 23rd September 2024
Source: www.localgovernmentlawyer.co.uk
Number of LPAs registered soars by 28% – Legal Futures
‘There was a 28% surge in the number of applications for lasting powers of attorney (LPAs) last year, but the Office of the Public Guardian (OPG) still managed to reduce its backlog.’
Legal Futures, 29th July 2024
Source: www.legalfutures.co.uk
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.’
Mental Capacity Law and Policy, 6th June 2024
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.’
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
‘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.’
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
‘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.’
Mills & Reeve, 29th September 2023
Source: www.mills-reeve.com
Step forward to online lasting powers of attorney – Ministry of Justice
‘The most vulnerable in society will be better protected as reforms to simplify and streamline lasting powers of attorney are given Royal Assent.’
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.’
Ministry of Justice, 9th June 2023
Source: www.gov.uk
Council told to apologise after care home errors – BBC News
‘Shropshire Council has been ordered to apologise by the ombudsman, after an elderly man with dementia was placed in an unsuitable care home.’
BBC News, 11th March 2023
Source: www.bbc.co.uk
Will disputes – Mills & Reeve
‘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.’
Mills & Reeve, 16th January 2023
Source: www.mills-reeve.com
MoJ backs lasting power of attorney bill – Law Society’s Gazette
‘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.’
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.’
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
‘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.’
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.’
Legal Futures, 20th May 2022
Source: www.legalfutures.co.uk
Cheshire family conned vulnerable relative out of £145k – BBC News
‘Three family members who stole almost £150,000 from a vulnerable relative to fund lavish holidays have been jailed.’
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.’
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.’
House of Commons Library, 6th October 2021
Source: commonslibrary.parliament.uk
Solicitors oppose move to digital signatures for LPAs – Legal Futures
‘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.’
Legal Futures, 16th November 2020
Source: www.legalfutures.co.uk
