Mental Capacity Law Newsletter – 39 Essex Chambers

Mental Capacity Law Newsletter (PDF)

39 Essex Chambers, November 2015

Source: www.39essex.com

Management consultant charges mother £400 for each visit to nursing home – Court of Protection – UK Human Rights Blog

Posted October 29th, 2015 in expenses, families, news, powers of attorney, remuneration by sally

‘This Court of Protection case has, unusually, made the papers, and when you read the details you won’t be surprised. What the judge described as a “callous and calculating” son charged his widowed mother, who suffered from dementia, more than £117 000 for “out of pocket expenses” visiting her in her nursing home. He had been in charge of her expenses since 2004 when Sheila (the mother) had been admitted to hospital under the Mental Health Act 1983. But alarm bells only went off after her unpaid nursing bills reached nearly £30 000. The Public Guardian launched an enquiry that led to this hearing of an application for the court to revoke the son’s (Martin’s) Enduring Power of Attorney (‘EPA’) and to direct him to cancel its registration. The Public Guardian also applied to freeze Sheila’s bank account.’

Full story

UK Human Rights Blog, 28th October 2015

Source: www.ukhumanrightsblog.com

Lawyer plundered more than £600,000 from elderly clients to pay for call girls – Daily Telegraph

Posted June 2nd, 2015 in news, powers of attorney, sentencing, solicitors, theft by sally

‘The village solicitor raided the accounts of 13 clients aged between 67 and 100 and spent the money on ‘pens, pottery, pornography and prostitutes’.’

Full story

Daily Telegraph, 1st June 2015

Source: www.telegraph.co.uk

Mental Capacity Law Newsletter – Thirty Nine Essex Street

Mental Capacity Law Newsletter (PDF)

Thirty Nine Essex Street, February 2015

Source: www.39essex.com

A practical approach to advising vulnerable clients – The Future of Law

‘A vulnerable person is anyone aged 18 and over who needs assistance because of mental or other disability, age or illness, is unable to take care of him or herself and is unable to protect themselves against significant harm or exploitation.’

Full story

The Future of Law, 5th September 2014

Source: www.blogs.lexisnexis.co.uk

Guardianship of the property and affairs of missing persons – Ministry of Justice

Posted August 28th, 2014 in consultations, guardianship, missing persons, news, powers of attorney by sally

‘When a person goes missing, there is currently no legal mechanism for another person to manage his or her affairs during his or her absence. This can lead to the dissipation of the missing person’s assets (for example, through uncancellable Direct Debits) and the deterioration or loss of assets (for example, through lack of maintenance or failure to meet financial obligations, such as mortgage payments).’

Full story

Ministry of Justice, 27th August 2014

Source: www.consult.justice.gov.uk

New legal powers for families of missing people on the horizon – Daily Telegraph

Posted August 28th, 2014 in consultations, families, guardianship, missing persons, news, powers of attorney by sally

‘Campaign by Claudia Lawrence’s father Peter leads to proposals to give relatives of missing loved ones power over their financial affairs.’

Full story

Daily Telegraph, 27th August 2014

Source: www.telegraph.co.uk

Lasting powers of attorney applications to be made simpler and easier – Ministry of Justice

Posted August 22nd, 2014 in internet, powers of attorney, press releases by tracey

‘Lasting powers of attorney will be easier and simpler for people to make, Justice Minister Simon Hughes announces.’

Full press release

Ministry of Justice, 21st August 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Power of attorney: how flawed system cost one family £30,000 – Daily Telegraph

‘Rules granting other people control over your money when you are elderly or infirm are open to abuse. We highlight one sobering case.’

Full story

Daily Telegraph, 12th July 2014

Source: www.telegraph.co.uk

Gardener took £200,000 from woman of 89 – Daily Telegraph

Posted March 18th, 2014 in anonymity, crime, elderly, news, powers of attorney by tracey

‘A handyman who took hundreds of thousands of pounds from a wealthy widow with dementia after gaining power of attorney must not be named, a court rules.’

Full story

Daily Telegraph, 17th March 2014

Source: www.telegraph.co.uk

Will writer Keith Webber guilty of stealing £280,000 from clients – BBC News

‘A will writer who stole more than £280,000 from clients over nearly three years has been found guilty of fraud.’

Full story

BBC News, 4th February 2014

Source: www.bbc.co.uk

Transforming the services of the Office of the Public Guardian – enabling digital by default – Ministry of Justice

“Our consultation paper ‘Transforming the Services of the Office of the Public Guardian’, published on 27 July 2012, invited comments on a range of issues related to the Office of the Public Guardian’s (OPG) aspiration to deliver its services digitally by default. In our response, published in January 2013, we set out the changes that we would complete by April 2013. This included reducing the statutory waiting period for registering a Lasting Power of Attorney (LPA) form from six weeks to four weeks and amending the regulations to allow court appointed deputies to change bond provider without the need to apply to the Court of Protection. However, other changes required further policy development or were dependant on the OPG replacement IT system being in place in 2014.”

Full story

Ministry of Justice, 15th October 2013

Source: www.consult.justice.gov.uk

Wider audience targeted as lasting power of attorney (LPA) process goes online – Ministry of Justice

Posted October 15th, 2013 in consultations, internet, powers of attorney, press releases by sally

“A wider range of people should ensure they have lasting powers of attorney (LPAs) – not just the elderly – Justice Minister Lord McNally said today.”

Full story

Ministry of Justice, 15th October 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Fees cut for lasting powers of attorney – Ministry of Justice

Posted July 17th, 2013 in fees, news, powers of attorney by sally

“Anyone applying for a lasting power of attorney (LPA) to choose someone they trust to make decisions for them if they lose mental capacity will be helped by a 15 per cent cut in the application fee announced by Justice Minister Helen Grant.”

Full story

Ministry of Justice, 16th July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

New online application service for Lasting Powers of Attorney (LPA) – Ministry of Justice

Posted July 2nd, 2013 in consultations, documents, electronic filing, powers of attorney by sally

“Thousands of people will be helped by a new online system which will make it simpler, clearer and faster to apply for Lasting Powers of Attorney (LPA).”

Full story

Ministry of Justice, 2nd July 2013

Source: www.gov.uk/government/organisations/ministry-of-justice

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) – WLR Daily

Posted March 26th, 2013 in appeals, law reports, powers of attorney by sally

Day v Harris and others; Same v Royal College of Music and another (Arnold and another, interpleader claimants) [2013] EWCA Civ 191; [2013] WLR (D) 112

“Section 7(1)(c) of the Enduring Powers of Attorney Act 1985 did not have the effect of preventing a person who was the attorney under a registered enduring power of attorney from benefiting himself out of the donor’s money in a manner not authorised by the enduring power of attorney without the approval of the court, provided that he was acting in a different capacity (such as that of an authorised signatory to a bank account in the donor’s name), and the donor retained sufficient mental capacity to consent to such an act and gave full, free and informed consent to its being done.”

WLR Daily, 20th March 2013

Source: www.iclr.co.uk

Lasting Power of Attorney goes digital – Ministry of Justice

Posted July 30th, 2012 in consultations, internet, news, powers of attorney by sally

“People will be able to use a simpler and quicker system to apply for their loved ones to legally manage their affairs under Government plans put out for consultation today.”

Full story

Ministry of Justice, 27th July 2012

Source: www.justice.gov.uk

Lawyer jailed for £51,000 OAP fraud – The Independent

Posted March 23rd, 2012 in news, powers of attorney, sentencing, solicitors, theft by tracey

“A solicitor was today jailed for 26 months after stealing more than £51,000 from an elderly dementia sufferer who treated him like a son.”

Full story

The Independent, 23rd March 2012

Source: www.independent.co.uk

A simpler way to protect your future: redesigned ‘Lasting Power of Attorney’ forms – Ministry of Justice

Posted July 16th, 2009 in powers of attorney, press releases by sally

“Simpler forms allowing you to choose someone now that you trust to make decisions on your behalf in the future if you lose your mental capacity have been presented to Parliament.”

Full press release

Ministry of Justice, 15th July 2009

Source: www.justice.gov.uk

Powers of Attorney cost reduction takes effect – Ministry of Justice

Posted April 2nd, 2009 in fees, news, powers of attorney by sally

“The cost of registering Lasting Powers of Attorney (LPAs) forms will be cheaper from today following recent public consultation.”

Full story

Ministry of Justice, 1st April 2009

Source: www.justice.gov.uk