Court of Protection & Powers of Attorney

Are powers of attorney under attack again?

Powers of Attorney (PoA) (particularly Lasting Powers of Attorney (LPAs)) are, once again, receiving bad publicity in the press. Previously criticised in 2017 for being too open to abuse by a former Court of Protection Judge, Denzil Lush, LPAs have come in for further criticism in a recent report by the Money and Mental Health Policy Institute (MMHPI). MMHPI was established by Martin Lewis in 2016.

Maintenance payments; Do attorneys and/or deputies need the Court of Protections’ approval?

It is not uncommon for someone to provide for the needs of another person. There are many situations where someone will assume responsibility for another person. There are no restrictions on someone providing for the needs of another person but the situation changes when the provider loses capacity.

Revoking a Deputyship Order

Where a person lacks capacity (“P”), the Court of Protection has the power to appoint a person to make decisions on their behalf. This person is known as a deputy. A deputy is usually given a variety of powers by the Court of Protection in relation to the property and affairs, including the control, management, acquisition and disposition of property of the person who lacks capacity.

Will Dispute (Testamentary Capacity): Understanding is key and the role of the Solicitor critical

It is the professional duty of a solicitor to ensure that every client is fully and properly advised. Where a solicitor is concerned that a client lacks the required mental capacity to make a Will, they should either decline to act or obtain the expert opinion of an appropriately qualified medical practitioner.

Cancellation of an enduring power of attorney

An Enduring Power of Attorney allows someone known as a donor to choose an attorney(s) to take control of their property and affairs. The attorney is authorised to access the donor’s bank accounts, sell the donor’s property or make payments. The attorney, however, does not have the authority to make decisions regarding the donor’s personal welfare matters such as residence, contact, health etc.
1 2 3

Filter by article type