There can be difficulties if the property needs to be sold after an owner has lost capacity. What is the issue and how can it be resolved?
There can be difficulties if the property needs to be sold after an owner has lost capacity. What is the issue and how can it be resolved?
There are common misconceptions on why a Lasting Power of Attorney may not be necessary which this article explores further.
Have you ever heard of the terms Commercial LPA or Business LPA? Well you will be interested to know that there is actually no such document.
A Lasting Power of Attorney is a legal document which allows a person to appoint someone they know and trust to make decisions on their behalf
When it comes to the granting of decision making powers under a Lasting Power of Attorney (LPA), be they Property & Financial powers or Health & Welfare powers; in each case it takes three persons to make an LPA.
A Lasting Power of Attorney (LPA) is a document which legally enables one or more individuals you know and trust, your Attorneys, to have the Power to make decisions on your behalf if you lose Mental Capacity (‘capacity’).
When making an LPA, great consideration should be given to how many attorneys are needed, who is going to act, and how they will make decisions.
An LPA is a legal form but completing one doesn’t have to be a daunting task. Let’s clear up some of the legal jargon used on the forms!
The High Court have ruled in the case of Whittaker v Hancock [2018] EWHC 3478 (Ch) that an attorney who was acting under a property and financial affairs LPA could step in to replace a donor who had lost capacity as a personal representative.
Whilst a Will is a document that deals with your assets and allows your executors to handle your affairs after you’ve gone, a Lasting Power of Attorney (LPA) provides powers whilst you’re living.