The following Private Client practice note provides comprehensive and up to date legal information covering:
A lasting power of attorney (LPA) is a legal document that enables an individual (the ‘donor’) to appoint one or more people (known as ‘attorneys’ or 'donees') to make decisions on their behalf. Unlike a general power of attorney created under the Powers of Attorney Act 1971 or a trustee power of attorney made under section 25 of the Trustee Act 1925 (see Ordinary powers of attorney for further details), an LPA continues to take effect after the mental incapacity of the donor.
LPAs were introduced by the Mental Capacity Act 2005 (MCA 2005) and replaced the old enduring powers of attorney (EPAs) from 1 October 2007. While existing EPAs continue to be valid and will still be seen in practice, it has not been possible to make a new EPA since 1 October 2007. For guidance on EPAs, see the Practice Note: EPAs—introduction and the other Practice Notes in the Enduring powers of attorney subtopic.
A key difference between the EPA and the LPA is the ability to make a separate LPA to cover health and care decisions as well as one for financial decisions. It was possible to delegate only financial decisions to one's attorney under an EPA. The LPA also offers a wider range of options to the donor in terms of how and when their attorneys should act and the ability to
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Dividends involve a distribution of cash or a distribution of non-cash assets (known as a distribution in kind or a distribution in specie).A scrip dividend (in a tax context, sometimes referred to as a stock dividend) allows a shareholder to receive new shares in a company as an alternative to a
Coronavirus (COVID-19): The guidance detailing normal practice set out in this Practice Note may be affected by measures concerning process and procedure in the civil courts that have been introduced as a result of the coronavirus (COVID-19) pandemic. For guidance, see Practice Note: Coronavirus
This Practice Note looks at CE-File electronic working in the courts under CPR PD 51O, in the context of case management. It provides guidance on how to file a document electronically, deal with rejected electronic filings, issue a claim electronically, file electronic bundles (eBundles) for case
This Precedent letter covers disclosure obligations under CPR 31. It does not apply to proceedings subject to the disclosure pilot scheme under CPR PD 51U. For guidance on the disclosure pilot scheme, see Practice Note: Business and Property Courts—the disclosure pilot scheme. For a client letter on
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