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In our last article, John Smith lost capacity and his Lasting Power of Attorney had been invoked. John had appointed his niece to manage his financial affairs, and his solicitor as his [...]

This is a very interesting judgment by Lord Justice Baker that concerns two applications brought by the Public Guardian, and made under section 23 and Schedule 1 paragraph 11 of the Mental [...]

As Practitioners are aware Property and Financial Attorneys and Deputies owe a duty when making financial decisions, so far as is reasonably possible, to consider succession plans made by the [...]

The Court of Protection has ruled that it was not in Paul Briggs’ best interests to continue with life-sustaining treatment, taking into account both his ‘past’ and ‘present wishes’ in accordance [...]

Somewhat unusually the High Court has overturned two decisions of Senior Judge Lush on the validity of LPAs with identical provisions regarding the reappointment of one of the original attorneys [...]

In this case the Public Guardian (PG) refused to register a Lasting Power of Attorney (LPA) with 8 pages of carefully drafted complex restrictions and conditions. He took the view that most of [...]

Where a son failed to pay his father’s nursing home fees and personal allowance for over 30 months Lush SJ was strikingly clear that this was most often an indication of more serious [...]

The OPG promised it would simplify the Lasting Power of Attorney form this year. It was originally hoped the OPG would merge the Property & Financial Affairs form with the Health & Welfare form [...]

Revocation of Lasting Power of Attorney – OPG v JM [2014] EWHC CoP B4 . This case was brought by the Public Guardian (PG) to revoke a Lasting Power of Attorney (LPA) made by DP in favour of her [...]

The Supreme Court has ruled for the first time on an application brought by Aintree University Hospitals NHS Foundation Trust (‘the Trust’) under the Mental Capacity Act 2005 (‘MCA 2005’) for an [...]