Recent Features and Opinion – Page 4

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Cutting a pathway

2017-02-14T00:00:00Z

In September 2016, the Court of Protection initiated a new pilot involving the allocation of one of three case management pathways, aimed at improving the speed and consistency of cases. Katie Webber explains what has changed and, five months on, assesses its impact

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Back to Basics: Authorised payments for CoP deputies

2016-11-15T00:00:00Z

Those in control of the finances of an incapacitated person may be an attorney by a registered power of attorney or a deputy under the Court of Protection. As such, the authority that they hold in terms of the payments that they are authorised to make differs. Melinda Giles set ...

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The acid test

2016-11-15T00:00:00Z

Henrietta Mason considers recent developments in case law surrounding testamentary capacity, including the test for capacity, the burden of proof, the nature of understanding required, and mental disorders that might affect capacity

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Private Client Section annual conference 2016: Workshops

2016-09-20T00:00:00Z

At the Private Client Section annual conference 2016, delegates could choose from six workshops, covering the Inheritance Act; asset protection and the pitfalls of co-ownership; digital assets; pensions; elderly client issues; and succession planning for business clients

Feature

Forum for debate

2016-07-21T13:27:00Z

In May 2016, the Law Society and Private Client Section hosted a roundtable discussion on the Mental Capacity Act 2005, to support the recently formed National Mental Capacity Forum. Gary Rycroft reports back on the day’s talking points

Feature

Year of decision

2016-07-21T12:59:00Z

Anna Bicarregui and Alex Ruck Keene review the most important cases of the past year relating to the assessment of mental capacity, and to the consequences of being found to lack capacity both inside the Court of Protection and at common law

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Willing and able?

2016-05-19T16:17:00Z

Constance McDonnell looks at the complexities of assessing testamentary capacity remotely, including in online will-making, and whether solicitors should proceed with an instruction if there is uncertainty as to capacity

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Back to Basics: Removing and retiring trustees and PRs

2016-05-19T16:03:00Z

Removing a fellow professional fiduciary

Feature

Power play

2016-05-19T15:51:00Z

In the aftermath of Miles & Beattie v The Public Guardian, the law is in a state of confusion in respect of what can be specified about a joint power of attorney in a lasting power of attorney. Adam Boyle looks in detail at the judgment

Feature

Drawing the line

2016-03-22T00:00:00Z

A recent case shed light on the jurisdiction of the Mental Capacity Act 2005 when a person has capacity but is still vulnerable. Falling on one side of this line or the other can have significant consequences, argue Mungo Wenban-Smith and Alex Ruck Keene

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Too simple?

2016-01-19T00:00:00Z

The simplification of lasting powers of attorney may encourage more people to make one, but the changes also remove certain safeguards, which could lead to abuse of the system. Fiona Heald explains

Feature

In their shoes

2016-01-19T00:00:00Z

In July 2015, Office of the Public Guardian introduced new deputy standards to support and supervise professional and public authority deputies. Jack Dunkley explains what prompted the guidelines, and reports on the feedback so far

Feature

Band aid

2016-01-19T00:00:00Z

Sheree Green provides an overview of the current state of legal aid, and outlines what types of private client cases may be eligible for public funding.

Feature

Powers that be

2016-01-19T00:00:00Z

Richard Heaney looks at the land registration aspects of transactions involving the use of a power of attorney, and what you can do to ensure these applications are processed as quickly as possible.

Feature

Safe and sound

2015-11-26T11:19:00Z

Are we any nearer identifying an article 5-compliant court process that is fit for purpose? Bethan Harris and Beatrice Prevatt discuss the practical implications of some recent high profile case law on mental capacity and deprivation of liberty.

Feature

Top form

2015-11-26T11:09:00Z

It’s been five months since Office of the Public Guardian introduced new lasting power of attorney forms. Its head of legal Sally Jones reports back on how the forms have been working in practice.

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Angela Rippon interview

2015-11-26T11:05:00Z

At this year’s Elderly Client Care Conference, Alzheimer’s Society ambassador Angela Rippon, in conversation with Duncan Wood, spoke about the challenges dementia presents for society.

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Workshops

2015-09-29T11:53:00Z

Our workshop speakers round up their sessions, on mediation, Court of Protection, pensions, the Care Act 2014, the implications of the Brussels lV regulation, and the tax treatment of trusts in the relevant property regime

Feature

No place like home

2015-07-21T00:00:00Z

Sarah Playforth looks at the purchase of a home for someone who lacks mental capacity

Feature

Matter of form

2015-07-21T00:00:00Z

Melinda Giles unpicks the new lasting power of attorney forms, which came into force on 1 July, and looks at some of the most important changes on professional charging and when attorneys can make decisions