Lasting Powers of Attorney or LPA’s are something that many people do not fully understand. Some assume they only apply when you die, confusing them with Wills, others that they can only be used when someone loses their mental ability. The misconceptions are more common that you would think. So, what is an LPA and […]
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- Making Decisions For OthersThese let you make decisions for someone who lacks mental capacity to decide for themselves.
- Lasting Powers of Attorney
- Why make an LPAThere is a choice. There is no requirement for someone to make a lasting power of attorney. If they wish they may decide not to make one and let the stranger, their doctor, the social worker or the court they may have never met make decisions for them. It's really their choice.
- Types of Lasting Power of AttorneyA Lasting Power of Attorney (LPA) allows you the donor to appoint someone you trust to make decisions in the future if you are unable to understand or decide for yourself.
- Sufficient Mental Capacity
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- Emergency WillsFrom time to time we are asked to attend hospitals or care homes where someone’s death is imminent. This might be where someone is dying and they have requested they want to make their will before death.
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- Example WillBelow is an example of what is often termed as an emergency will. They are used where someone’s death is imminent, they have not made a will and wish to make one and there is not a lot of time. Hopefully, most people will have made a will in good time.
- Valid WillValid Will All wills created in English and Wales have to comply with Wills Act 1837. This in principle creates three requirements.
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- Disputing the WillDisputing the Will Sometimes concerns arise over the will’s validity. All wills should be checked when probate is being undertaken to see if they are valid. Concerns which often arise might be -
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- Commercial ClientsBusiness Lasting Powers of Attorney If you run any type of business you should consider making a Business or Commercial Lasting Powers of Attorney (Business LPA).
- Business LPAA business Lasting Power of Attorney allows the donor to appoint an attorney to make decisions concerning their business interests, when they are unavailable or lack mental capacity.
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- Civil MediationsMediation is where a settlement is agreed between parties. Facilitated by the mediator, the parties themselves consider what options exist to resolve their dispute and what is best for them both.
- Elder MediationMediation with vulnerable adults is nothing new. What is new is where one party lacks mental capacity.
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