What are Lasting Powers of Attorney and why do I need them?LPAs are the documents that enable another person or people (the Attorneys) to make decisions on behalf of an individual (the donor) when that…

As an Estate Planning Solicitor, I have spent my career working both in city centre law firms and firms concentrated on agricultural farming communities. Between both ends of the spectrum, the one question I am…

The Mental Capacity Act 2005, the overriding Presumption of Capacity & the role of third parties

Sadly, because of the aging population, this seems to be becoming a scenario solicitors and GPs are fast becoming more accustomed to identifying – usually within the first meeting with new clients. Capacity vs Instructions…

Prior to Lasting Powers of Attorney coming into Force on the 1 October 2007, a donor (the person granting the power to attorneys to manage their affairs) granted an attorney permission to manage their financial…

Many people expect a Will is unnecessary to their estate for many reasons, such as perhaps they believe that because they own assets jointly with another person; or they are married, their estate will go…

Prior to the Mental Capacity Act 2005 an Advanced Decision was called a Living Will. A Living Will did set out your wishes but was not binding. The MCA 2005 introduced a change by way…

If you have been appointed as the Executor of a Will and it isn’t a role you wish to take on, then the safest way to ensure you cannot be held responsible for the actions…

A General Power of Attorney (GPA) can only be used to make financial decisions (as opposed to Health) decisions on behalf of the donor (i.e. the person giving the power to the Attorney). The GPA…

Enduring Power of Attorney An EPA can no longer be prepared but it can still be used so long as it was previously set up correctly. If there is no restriction as to mental capacity,…