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 J’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 …

Continue reading "Powers of attorney: Creating the bulletproof LPA"

This post is only available to members.

Lasting powers of attorney: The scope of gifts

Alen-Buckley Solicitors (Ince Group) | April 2022 #232
Peter Walker examines whether the case of Chandler v Lombardi advances our understanding on what gifts an attorney can make under an LPA If any gifts do not fully comply with the conditions and have not been specifically approved by the Court of Protection, then they are void as opposed to voidable, and therefore recoverable …

Continue reading "Lasting powers of attorney: The scope of gifts"

This post is only available to members.

Lasting powers of attorney: Engaging override

39 Essex Chambers | June 2021 #224
Francesca Gardner looks at the first case to be reported from the Court of Protection on whether a power should be registered when the attorneys are at odds The court was clear in its assessment that KC’s daughters, as a result of the acrimony between them, would not be able to effectively consult one another …

Continue reading "Lasting powers of attorney: Engaging override"

This post is only available to members.