A Lasting Power of Attorney (LPA) can be put into place by a donor (the person appointing the LPA) at any stage of their life and it allows the LPA to make decisions about both the donors property and financial affairs should they lose the mental capacity to make those decisions themselves.

If you have a child or children under the age of 18, you may have thought about appointing a guardian. But what exactly would this entail, both for you and for them?

The day-to-day steps taken by attorneys and deputies are quite similar – but there are some important differences. This question-and-answer document may help to answer some of the more frequent questions people have. 

For many people, the family home is their principal asset and a question which we regularly get asked by our clients is whether they should give away their property, or whether they should put it into joint names with their children.

The UK Parliament has now passed the Powers of Attorney Bill enabling the Office of the Public Guardian to introduce a new system for Lasting Powers of Attorney (LPAs).

Lasting Powers of Attorney (LPAs) are lengthy documents which, as people will often know from experience, can offer many opportunities for mistakes. LPAs are used to appoint attorneys to deal with your affairs, should you need help or become unable to make decisions for yourself.

At a time when bereaved families already have so much to manage, the prolonged delays in the issue of Grants of Probate is not only costing time but, in some cases, money.

Attorneys’ circumstances, or their relationship to the donor, could change and they may no longer be suitable to act.

The England and Wales Office of the Public Guardian (OPG) is still experiencing delays with the registration of Lasting Powers of Attorney (LPAs).

The Office of the Public Guardian has released a sample Court Order appointing a deputy for property and financial affairs. This contains all of the powers deputies would usually be granted to deal with a person’s finances, as well as any restrictions on their powers.

Lay-deputies may not be aware of the potential difficulties of selling a person’s property. Although this is a common task for deputies to become involved in. The Court of Protection and professional legal bodies have produced new guidance confirming the steps and issues for deputies to consider when selling property.

It is widely known that in the UK the Inheritance Tax exemptions available on death have not substantially changed in line with inflation and the increasing value of properties.