14 May 2013 by

Changes to the registration of Lasting Powers of Attorney (LPAs)

The new timeframes for the registration of lasting powers of attorney (LPA) come as a welcome change to a well documented and (very) long winded registration process.

Previously, there was a waiting period of 5 weeks to allow any objections to the registration of an LPA. This is now reduced to 3 weeks.

The minimum time between the submission of an LPA and registration is now 4 weeks instead of 6 weeks.

Preparing an LPA greatly assists your loved ones in dealing with your affairs should you become incapacitated. It also provides an opportunity to consider your assets generally and whether any steps need to be taken at that stage to organise your affairs in a well structured and tax efficient manner.

If you do lose capacity and you do not have an LPA in place, someone will need to apply to the Court of Protection for an order to deal with your affairs. Anyone can apply provided that the Court thinks that they are suitable for the role. Indeed, they may not be someone who you would have chosen yourself had you prepared an LPA. The application process can be a costly and lengthy process – a typical Court of Protection order may take up to 6 months to obtain. During this time, noone will have the legal authority to deal with your affairs and your family will not be able to access your assets which could cause additional problems at an already difficult time.

You may also wish for someone to make decisions about your health and welfare needs should you lose capacity. A health and welfare LPA can be prepared to deal specifically with these issues. You can also state whether you would want your attorney to make decisions about life sustaining treatment.

Whilst we recognise that LPAs are sometimes difficult to think about and something that we wish to postpone they are important documents that ensure your affairs and welfare are managed promptly and by those who you would wish to deal.

 

2 May 2013 by

Dispute Resolution – Options for Funding your Claim

On 1 April 2013 many of the litigation costs reforms recommended by Lord Justice Jackson came in to effect.

9 May 2013 by

Canapés and Insurance…..

In this commercial property e-news I am happy to impart two rather important facts to my avid readers.

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