Recent Features and Opinion – Page 2
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FeatureA shot in the arm
While the announcement of three COVID-19 vaccines has been celebrated across the world, there are many considerations for attorneys and deputies to consider for people who lack mental capacity to consent to be vaccinated. Craig Ward explains
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FeatureGuidance for deputies: Hourly rates
The recent decision in the cases of PLK & Ors has opened up a new approach to hourly rates. Andrew Bennetts looks at how financial and property affairs deputies can recover costs, even with a retainer in place
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FeatureGuidance for deputies: Instructing your own firm post-Re ACC
Since Re ACC, the steps a deputy must take before instructing another legal team have changed. Bethan Phillips looks at how this impacts property transactions, tax returns, and continuing healthcare and education challenges.
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FeatureThe estate we’re in
Holly Miéville-Hawkins investigates the Court of Protection’s approach to estate and inheritance tax planning, and analyses some recent case law
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FeatureUnilateral thinking
Fiona Heald considers how to deal with severances if a co-owner of property loses capacity
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FeatureAre you being served?
Victoria Newey explains the sometimes confusing process of serving respondents in the Court of Protection when making property and affairs applications
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FeatureReport back
Sophie O’Connell considers what makes a good mental capacity assessment report, and the things to look out for from your assessor
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FeatureIt’s good to talk
In light of coronavirus (COVID-19), death and dying are at the front of many people’s minds. Gary Rycroft argues that speaking with clients about advance care planning is more important than ever
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FeatureAsset managers
Virtually all of us have digital assets – email and social media accounts, photos in the cloud – but it remains unclear what happens to them once we lose capacity. Angharad Lynn explains how you can advise clients, and the options available for attorneys and deputies
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FeatureRemoval service
There are many reasons why a change in attorney or deputy may be in P’s best interests, but what can you do if they resist? Holly Miéville-Hawkins explains how to remove an attorney or deputy against their will
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FeatureHandle with care
Sophie O’Connell looks at the impact of new coronavirus legislation on the care duties of local authorities
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FeatureInstruction manual
Private client solicitors are increasingly requesting capacity assessments for their clients. Sophie O’Connell discusses how to instruct a mental capacity assessor with Judy Wurr and Sarah Post, both experienced independent mental capacity assessors
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FeatureDeputy heads
Stephanie Kaye reports back from the first meeting of the Professional Deputies Forum, a representative voice set up to discuss the challenges that deputies face
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FeatureEasy to understand
We all know it’s highly likely that when client communication goes wrong, complaints can follow. But even if you think you’re communicating well, are you really being understood, especially by vulnerable clients? Fiona du Feu explains
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FeatureWorkshop: Elderly client care and the Mental Capacity Act 2005
Delegates at the conference could choose between five workshops, run twice over the course of the day. Helen Clarke rounds up hers on elderly client care and the Mental Capacity Act 2005
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FeatureMaking a lasting power of attorney – getting it right first time
Laura Crouch and Shahzad Aziz from the Office of the Public Guardian offer top tips to speed up the process of setting up a lasting power of attorney.
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FeatureMoney talks
Charlotte Pisuto discusses new guidance from the Office of the Public Guardian for attorneys and deputies on making investment decisions for vulnerable people
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FeaturePayment protection insurance and private client practitioners
The cut-off date for payment protection insurance claims is 29 August 2019. Lesley King looks at what this means for private client practitioners