The Law Society has published a new PN with detailed advice on the role of an accredited legal representative (ALR) in the CoP. It applies only where the ALR is acting for P, the subject of the proceedings where P has been joined as a party. Anyone wishing to act as an ALR must be …
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The OPG has issued new guidance on its approach to family care payments (gratuitous care payments for informal care) made by a deputy in England and Wales on behalf of P. The guidance only applies to deputies appointed by the court under a finance and property order. The OPG acknowledges that such payments can be …
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A professional deputy (Irwin Mitchell Trust Corporation) sought authority for the purchase of two properties in India on behalf of P, and to make lifetime gifts to her parents and siblings from her funds. P, now 14, suffered serious birth injuries and was left permanently brain damaged. Born in the UK, P and her family …
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The Public Guardian has the function of directing a CoP visitor – whether a medical practitioner or general visitor – to visit, for example a court-appointed deputy or an attorney under an LPA, and report back on matters as required. General visitors must have experience of mental capacity issues, just as medics should. New guidance …
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Does disclaiming a legacy amount to a ‘failure’ of legacy for the purposes of determining how and where that legacy is to be redirected? T died in mid-2023 leaving a will that left two pecuniary legacies, and the residue equally to six beneficiaries. His son (D) was named under clause 6 of the will as …
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Practitioners who don’t routinely advise clients who are moving to, or returning from abroad (or who own foreign assets) should note a new Law Society Practice Note on mental capacity issues in an international context. Its focus is limited to LPAs (property and affairs), EPAs and deputyship. Solicitors are increasingly dealing with matters that involve …
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