Powers of attorney and advance decisions

Powers of attorney and advance decisions guidance:

Background The Mental Capacity Act 2005 (MCA 2005) and its accompanying Code of Practice (the Code) make provision in relation to advance decisions. There were a number...

Practice Note

What is an advance decision? An advance decision is a decision, made by someone who is over 18, refusing specified medical treatment in the future when the decision maker...

Practice Note

I [insert full name of attorney] of [insert address of attorney] make the following statement: 1 On [insert date of the power of attorney] [insert full name of donor]...

Precedents

A business lasting power of attorney (BLPA) allows the donor to appoint an attorney to make decisions concerning their business interests either when they are unavailable...

Practice Note

Enduring powers of attorney Although it has not been possible to create an enduring power of attorney (EPA) since 1 October 2007 when the Enduring Powers of Attorney Act...

Practice Note

Lasting powers of attorney Lasting powers of attorney (LPAs) were created by the Mental Capacity Act 2005 (MCA 2005) and, apart from the fact that the donor must be over...

Practice Note

Choosing who to appoint as attorney is the most important part in the process of making a Lasting Power of Attorney (LPA), as the attorney will be the person making...

Practice Note

I [insert name] of [insert address] born on [insert date of birth] Authorise: • my solicitor [insert name] of [insert address] to disclose to my doctor [insert name] of...

Precedents

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...

Practice Note

Brexit impact: As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an...

Practice Note

This deed of revocation is made on [date] by [donor] of [address]. I revoke the lasting power of attorney (LPA) for [financial decisions/health and welfare] created on...

Precedents

This Deed OF REVOCATION is made on [date] by me [name of donor] of [address of donor]. This Deed provides: 1 Revocation I revoke the instrument dated [date of power of...

Precedents

Digital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should have a plan for dealing with that asset, whatever their...

Practice Note

Even though enduring powers of attorney (EPA) can no longer be created, they will be available for use and be subject to the law for some time yet. Equally, the actions...

Practice Note

The creation of an enduring power of attorney (EPA) has not been possible since 1 October 2007 but there are many still in existence, either being used or available for...

Practice Note

The whole premise of an enduring power of attorney (EPA) is that, unlike an ordinary power, it can be used after the donor has ceased to have mental capacity. However, an...

Practice Note

There are only three ways to revoke an enduring power of attorney (EPA). These are: • automatic revocation • revocation by the donor • revocation by the court Automatic...

Practice Note

This Practice Note provides practical guidance on the proper execution of simple contracts and deeds by third party individuals or corporations (primarily companies...

Practice Note

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note

Produced in partnership with Kerry Bornman of 3 Stone Buildings THIS POWER OF ATTORNEY is made on [date] by [name of donor] of [address of donor]. 1 Appointment I appoint...

Precedents

A person who makes a lasting power of attorney (LPA) is commonly referred to as the 'donor', whereas a person on whose behalf the Court of Protection appoints a deputy is...

Practice Note

Hague Convention XXXV on the International Protection of Vulnerable Adults The Hague Convention XXXV on the International Protection of Vulnerable Adults was formally...

Practice Note

Produced in partnership with Rebecca Sharp of RJR Legal Ltd [GP OR Doctor] Dear Dr [insert name] Client name Client address Client date of birth I act for [insert...

Precedents

Produced in partnership with Rebecca Sharp of RJR Legal Ltd [GP OR Doctor] Dear Dr [insert name] Client name Client address Client date of birth I act for [insert...

Precedents

The Office of the Public Guardian DX 744240 Birmingham 79 [Office of the Public Guardian] [PO Box 16185] [Birmingham] [B2 2WH] Dear [insert organisation name] [insert...

Precedents

The precedents in this document are based on those found in Part I, Chapter 15 of Cretney and Lush on Lasting and Enduring Powers of Attorney. This document contains...

Practice Note
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