Powers of attorney and advance decisions

Q&As

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?

Can an attorney under a lasting power of attorney (LPA) execute a deed of resignation to resign the donor as a company director?We refer you to Q&A:...

16th Sep

Q&As

If the Model Articles have been incorporated and if the person's position as a director would automatically terminate per Article 18(d) of the Model Articles, is there a need to prepare business lasting power of attorney (BLPAs)? Can an attorney under a lasting power of attorney (LPA) step into the shoes of the donor as director?

If the Model Articles have been incorporated and if the person's position as a director would automatically terminate per Article 18(d) of the Model...

16th Sep

Q&As

Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a power of attorney be granted to 'all those listed in the document appended to this power of attorney'?

Does the attorney in a power of attorney need to be specifically named, or if granting a power of attorney to multiple and changing personnel, can a...

9th Sep

Q&As

Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?

Can a power of attorney lapse or expire or does it last indefinitely? Does it need to be updated or 'refreshed'?Lasting powers of attorneyIn contrast...

9th Sep

Practice notes

Execution formalities—under a power of attorney

Execution formalities—under a power of attorneyThis Practice Note provides practical guidance on the proper execution of simple contracts and deeds by...

9th Sep

In-house

Q&As

Can a person acting under an ordinary power of attorney resign the directorship of the principal who granted the power?

Can a person acting under an ordinary power of attorney resign the directorship of the principal who granted the power? The issue in this Q&A is...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 9th Sep

Q&As

Can a donee of an enduring power of attorney sever a joint tenancy when the other co-owner is also incapacitated?

Can a donee of an enduring power of attorney sever a joint tenancy when the other co-owner is also incapacitated? This Q&A refers you to Practice...

8th Sep

Q&As

Can an ordinary power of attorney be expressed to cover a period before the date that the deed creating the power of attorney was executed if that is the intention of all parties?

Can an ordinary power of attorney be expressed to cover a period before the date that the deed creating the power of attorney was executed if that is...

8th Sep

Precedents

Why make an LPA?—client guide

Why make an LPA?—client guideThis document provides general guidance about lasting powers of attorney (LPAs), explaining what they are, the benefits...

31st Aug

Q&As

When a solicitor is acting for an individual who has appointed an attorney, who is the solicitor's client?

When a solicitor is acting for an individual who has appointed an attorney, who is the solicitor's client?It is not clear from the question whether...

24th Aug

Practice notes

LPAs—registration objections

LPAs—registration objectionsFORTHCOMING CHANGE: The Ministry of Justice and the Office of the Public Guardian launched a consultation, Modernising...

Produced in partnership with Victoria Mahon de Palacios of Wedlake Bell 18th Aug

Practice notes

International issues relating to the protection of vulnerable adults

International issues relating to the protection of vulnerable adultsCross-border issues arise whenever someone holds assets in more than one...

18th Aug

Practice notes

LPAs—registration procedure

LPAs—registration procedureFORTHCOMING CHANGE: The Ministry of Justice and the Office of the Public Guardian launched a consultation, Modernising...

18th Aug

Q&As

How does a blind donor execute a Lasting Power of Attorney?

How does a blind donor execute a Lasting Power of Attorney?The requirements as to execution of a Lasting Power of Attorney (LPA) are set out in the...

18th Aug

Q&As

Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the power of attorney is valid?

Can a UK bank refuse to recognise a foreign power of attorney and in that case, an application to court must be made to get a declaration that the...

Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug

Q&As

Can an attorney acting under an LPA for property and financial affairs conduct divorce and financial remedy proceedings on behalf of the donor (a) where the donor still has the mental capacity and (b) where the donor lacks the mental capacity to conduct these proceedings themselves?

Can an attorney acting under an LPA for property and financial affairs conduct divorce and financial remedy proceedings on behalf of the donor (a)...

18th Aug

Q&As

A is named as sole executor with the provision that, if A is unable or unwilling to act, then B should be appointed to act instead. A has lost capacity but has attorneys appointed under a valid financial lasting power of attorney. In these circumstances, can A’s attorneys renounce probate on A’s behalf, leaving B to step in to handle the administration of the estate?

A is named as sole executor with the provision that, if A is unable or unwilling to act, then B should be appointed to act instead. A has lost...

Produced in partnership with Lynne Counsell of 9 Stone Buildings 18th Aug

Q&As

Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK? Does the power of attorney require any special execution formalities (such as being witnessed by a notary)? Does the appointed attorney need to be resident in the UK or can they also be a resident of Canada?

Is it possible for a resident of Canada to execute a lasting power of attorney in respect of their financial affairs (ie bank accounts) in the UK?...

Produced in partnership with Graham Stott of gunnercooke LLP 18th Aug

Practice notes

Digital assets on incapacity and death

Digital assets on incapacity and deathDigital assets can survive incapacity or death. Anyone who owns a digital device or has an online account should...

Produced in partnership with Kerry Bornman of 3 Stone Buildings, Erin Hitchens of XXIV Old Buildings and Robert Avis of Charles Russell Speechlys 16th Aug

Practice notes

Business and commercial LPAs

Business and commercial LPAsFORTHCOMING CHANGE: The Ministry of Justice and the Office of the Public Guardian launched a consultation, Modernising...

Produced in partnership with Craig Ward MSc BA(Hons) MBPsS CertCouns of Craybeck Law 16th Aug

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