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Fewer than 50% of couples have a POA
According to a worrying report by Scottish Widows, fewer than 50% of couples have a POA. Although most adults understand the document's importance, 33 per cent don't know how it is used in practice. In addition, 24 per cent of adults say they have no plans to...
Time bandits: 20-week delay at the OPG
The Office of the Public Guardian (OPG) says it currently has a 20 week delay for processing requests. It is apparently working hard to continue to deliver its services on time but, in the meantime, has some useful tools so you can get it right first time. The OPG...
All change? Digitising the Lasting Power of Attorney
In July 2021, the government published a public consultation entitled ‘Modernising Lasting Powers of Attorney’. The government then responded to the consultation in 2022, on digitising the Lasting Power of Attorney. Alex Chalke MP, the minister responsible for the...
Ministry of Justice backs Powers of Attorney Bill
In December 2022, the Ministry of Justice backed the Powers of Attorney Bill put forward as a Private Member's Bill by Stephen Metcalfe MP. The Bill brings forward a proposal to allow the Lasting Power of Attorney to be made completely online. The Bill also brings...
Four out of five adults have no Power of Attorney
According to a survey by Canada Life, four out of five adults in the UK don't have a Power of Attorney and registrations have dropped by 26.5 per cent. With the Government set to modernise the Lasting Power of Attorney, it's time that adults with no Power of Attorney...
Understanding the Mental Capacity Act 2005
Mental Capacity Act 2005 (MCA) is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment. So, understanding the Mental Capacity Act 2005 and the 5 key principles that advisers should follow...
Modernising the Lasting Power of Attorney
In May 2022, Ministers set out plans for transforming and modernising the lasting power of attorney (LPA) system – making it quicker to use, easier to access and even more secure from fraud. Under the proposals, people will be able to make an LPA completely online for...
Mental Capacity Act: 5 key principles
The Mental Capacity Act 2005 (MCA) covers people in England and Wales who lack the mental capacity to make their own decisions about their care and treatment. The Mental Capacity Act's five principles give guidance to the Attorney or any other relevant third party...
Court appointed deputy
When the donor has lost mental capacity, they will no longer be able to appoint someone to be their attorney. In this situation, one or more persons will need to be a court-appointed deputy appointed by the Court of Protection. The Court of Protection makes decisions...
Types of Power of Attorney
A Power of Attorney is a legal document that is given by the 'donor' to the attorney so the attorney can make decisions on their behalf. The attorney can make decisions on the donor's behalf when the donor can't or doesn't want to. The Lasting Power of Attorney is...
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