Trusts and Estates Law & Tax Journal

Powers of attorney: Creating the bulletproof LPA

Landmark Chambers | October 2022 #237
The Public Guardian v RI provides welcome clarity of the criteria for determining capacity for the purposes of s22(2)(a) of the Mental Capacity Act 2005. Katharine Elliot explains Poole Jā€™s judgment clarifies both the evidence which should be provided to the Court of Protection in determining a s22 MCA 2005 application and the relevant information …

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Cases Referenced

Cases in bold have further reading - click to view related articles.

  • Re Collis (2010) unreported, Court of Protection, Senior Judge Lush, 27 October
  • Re K; Re F [1988] 1 All ER 358
  • Re W (Enduring Powers of Attorney) [2000] 3 WLR 45
  • The Public Guardian v RI & ors [2022] EWCOP 22; [2022] WTLR 1133 CoP
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