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Information Lasting Power of Attorney News

Discretionary Investments and Power of Attorney

As an attorney under a Lasting Power of Attorney (LPA) for Finance and Property, you may be tasked with making investments on behalf of the donor.  It may be that you happen to be a seasoned professional at investing but,...
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Lasting Power of Attorney News

The Tax Return and the Power of Attorney

It’s that time of year again when everyone is rushing to submit their tax returns by 31 January. But little did I know that I also had to submit a tax return for my father who has dementia and has...
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Lasting Power of Attorney News Office of the Public Guardian Power of Attorney

Get digital: Powers of Attorney Act 2023 gets the green light

Today the new Powers of Attorney Act 2023 received Royal Assent.  This will create new safeguards to protect against fraud and abuse and digitalisation will improve processing time and reduce human error. The Powers of Attorney Act fires the starting...
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Donor News Office of the Public Guardian

OPG Campaign: Your voice. Your decision.

The Office of the Public Guardian (OPG) has launched a campaign to highlight the need to register a power of attorney. The "Your voice. Your decision." campaign has real time stories of donor's and attorney's so you can hear people...
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Information Lasting Power of Attorney Practical tips

LPA digital service: preferences and instructions

The OPG has recently updated the LPA digital service to include 'preferences and instructions'. The OPG has made great strides in digitising the process especially with the Use the LPA service but, this update is crucial for the attorney.  It...
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Donor Information Lasting Power of Attorney Practical tips

Questions for the Donor: What should they be asking?

Questions for the donor, what should the donor be asking when including preferences and instructions in their Lasting Power of Attorney (LPA)?  Giving an attorney the authority to make decisions on your behalf is an onerous position.  When you are...
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Information Lasting Power of Attorney

Stopping the attorney abusing their powers

This is the first of a two-part series, looking at stopping the attorney from abusing their powers. Read the second part here which looks at how the attorney can be helped if things go wrong. Who watches the watchmen? Who...
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Attorney Information Lasting Power of Attorney

Who protects the attorney?

The pressure of overseeing someone else’s finance and health decisions can be huge.
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Information News Office of the Public Guardian

Digital service for using the LPA

In 2020, the Office of the Public Guardian made the digital service for using the LPA available. Until then, an Attorney faced the wearisome job of providing a paper copy of the legal document to every institution they dealt with....
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News

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...
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News Office of the Public Guardian

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...
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Lasting Power of Attorney News

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 consultation,...
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News

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...
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News Power of Attorney

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,...
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Attorney Donor Power of Attorney

Who do you trust? Choosing your Power of Attorney

When choosing your Power of Attorney, you may be thinking of the same person for both a Lasting Power of Attorney (LPA) for Health and Wellbeing and for Finance and Property. Or you can appoint more than one for both...
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Information Lasting Power of Attorney

Your Power of Attorney for Business

Many people understand that they need a Lasting Power of Attorney (LPA) for their personal affairs but not as many people understand that they may need one for their business affairs. It is wise to understand what you may need...
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Information

General Guide for the Donor

The Donor is the person who appoints someone to act under the Power of Attorney (POA). This article is a general guide for the Donor on how to choose the right attorney, how to revoke the attorney, setting up a...
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General guidance Information

General Guide for the Court of Protection

This article is a general guide for the Court of Protection. The Court of Protection for England and Wales can be at the Royal Courts of Justice in London or at a county court. It was created under the Mental...
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Information Mental capacity

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...
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News

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...
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