Recent Features and Opinion
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FeaturePower trip
Fiona Heald and Sophie O’Connell look at what will change when the Powers of Attorney Act 2023 comes into force
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FeatureThe impact of Re ACC
Holly Chantler looks at the impact of Re ACC and provides examples of what it means in practical situations
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FeatureBack to Basics: Fluctuating capacity
Tim Bennett explains what you need to know about fluctuating capacity, and offers a range of different practical scenarios where capacity is flucuating
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FeaturePlaying it safe?
Richard Dew and Sheree Green examine the Law Society’s response to the government’s consultation on changes to the Mental Capacity Act Code of Practice and discusses fears about weakened safeguards for those who do not have capacity to make decisions
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FeatureLegal diagnosis
Gary Rycroft summarises his conference plenary, a discussion with consultant geriatrician Dr Lucy Pollock on the Mental Capacity Act, their differing views on lasting powers of attorney, and advanced care planning
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FeaturePower play
The recent Court of Protection decision in The Public Guardian’s Severance Applications [2017] EWCOP 10 has significant implications for both attorneys acting under lasting powers of attorney and for solicitors who draft them. David Rees KC explains
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FeatureTaking charge
Fiona Heald and Sophie O’Connell give an overview of what you need to know if you come across enduring powers of attorney
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FeatureBalance of power
Following the Office of the Public Guardian consultation on reforming lasting powers of attorney, Lucy Bluck looks at what the proposed changes are, and the effect they will have
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FeatureA good investment
Sheree Green looks at recent changes on guidance for management of investments via a discretionary investment provider, and what they mean for attorneys
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FeatureGood housekeeping
Victoria Crick looks at what should be on a deputy’s checklist of a client’s property and the most important things to keep an eye on
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FeatureFriendly reminder
Molly Hunter and Melissa Lesson examine the role of litigation friends in cases where a client has capacity issues, including fluctuating capacity
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FeatureVersus predator
The risk of vulnerable parties entering into a predatory marriage is gaining increasing attention, both in the press and in the legal profession. Bethan Byrne and Sheena Cassidy Hope explore how new protections can be achieved through changes in the law
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FeatureBack to Basics: Health and welfare LPAs vs advance decisions
Paula Shea looks at advance care planning, the various options and how to prepare clients for life-threatening or life-sustaining situations.
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FeatureAt capacity
Holly Miéville-Hawkins and Holly Chantler review some key welfare cases from 2021, and the implications they have for financial deputies and attorneys
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FeatureSpecial blend
Choosing your attorney when making a lasting power of attorney requires much thought in any event, but things can get even more complicated when blended families are involved, as Fiona Heald and Sophie O’Connell explain
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FeatureGrey matter
Most property and financial affairs deputies will be familiar with last year’s Court of Protection decision in Re ACC and its practical implications. Bethan Phillips explains how you can approach the grey areas that remain
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FeatureRules of engagement
Fiona du Feu talks to practitioners Clare King of Clarion Solicitors and Rachel Roche of Roche Legal about how they have managed the ethical challenges around client care during the pandemic
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FeatureGold standard
Nikki Millings provides a helpful, common sense guide to meeting the OPG deputy standards and completing the standards checklist
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FeatureLasting impressions
Alberto Perez Cedillo looks at the equivalents to lasting powers of attorney across the world