Broadly speaking, if someone cannot make a certain decision for themselves, they are often said to ‘lack capacity’ to make the decision. Capacity is function specific, based upon the decision at hand that needs to be made. The legal framework applying to mental capacity can be found in The Mental Capacity Act 2005 (MCA). This…
General power to buy or sell property under a power of attorney An attorney under a registered EPA or financial LPA may make decisions about anything that relates to the donor’s property and financial affairs. This includes buying and selling property, and this can be done without obtaining the consent of the Court of Protection,…
A Lasting Power of Attorney is a powerful legal document that gives very strong permissions over someone’s life and wellbeing, therefore it is advisable that you seek legal help and advice from a solicitor when wanting to make a Power of Attorney to ensure that there can be no risk of abuse of the power given. By…
Good Morning Britain presenter and former I’m a Celebrity Get Me Out of Here contestant, Kate Garraway, has this month spoken out about the financial struggles she and her family have faced whilst her husband has been in hospital battling Covid-19; purely because he did not have a Power of Attorney in place. Derek Garraway,…
Court action against people acting with power of attorney on behalf of vulnerable people jumped to record levels last year. The Office of the Public Guardian (OPG) made 721 applications to the Court of Protection to censure or remove attorneys in 2018/19. That was 55% up from the previous year’s total of 465. Two of…
This article deals with those who act in a representative capacity for a house owner, as their attorney or deputy. Selling under a Power of Attorney It is important to be aware of the extent of your powers, which will be defined by the type of Power of Attorney you have, and any specific directions…
Recent statistics show that the Office of the Public Guardian (OPG) are bringing, on average, five prosecutions a week for the abuse of powers of attorney. This shocking statistic goes to show just how significant the problem has become in recent years. Unfortunately, it comes as no surprise to many solicitors working with elderly and…
Here at Barrett & Co we have been donning our celebrity smiles and getting comfortable in our director’s chairs to bring you some useful videos on the services we offer. The below links are just an initial insight into the matters we can assist you with from a few members of the team, which we…
What’s the best solicitors in Reading? When you are looking for a solicitors that you know is good, then you can often get a picture of a law firm from their Google Reviews. When they have a lot of good or great reviews then you can feel confident that they are a firm you can…
There are two kinds of Power of Attorney that are commonly used today, Enduring and Lasting, and both must be registered before they will be recognised by organisations with which an Attorney might need to communicate. The registration process differs hugely between the two kinds of document and, thankfully, has become a much more straightforward…
