Until 2007 those who wanted someone to look after their financial affairs in the event that they became incapacitated, granted that person an Enduring Power of Attorney; |
Legal
help for cases at the Court of ProtectionThursday, 29 July, 2010 |
Until 2007 those who wanted someone to look after their financial affairs in the event that they became incapacitated, granted that person an Enduring Power of Attorney; |
| That is no longer possible; The Mental Capacity Act 2005 introduced a new concept in place of an Enduring Power - called a Lasting Power of Attorney. But there still exist many people who granted an Enduring Power of Attorney prior to 2007, and those documents remain valid, but subject to the provisions of the 2005 Act. | If
someone granted an Enduring Power of Attorney before The Mental Capacity Act 2005
came into force any action or dispute arising from the use of the power is now
regulated by the Mental Capacity Act 2005. Ancillary to the Act is a Code
of Practise - a sort of judicial guide to help people understand how the Act works. |
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Don't
delay; take legal advice at the earliest opportunity. |
| The harsh reality is that one child normally bears the burden of care for an elderly parent and quite reasonably expects some kind of reward. But other children of the family might be equally reasonable when they say that they would have helped had they been able to do so. | So often arrangements for the care of an elderly parent grow in a haphazard and unregulated way that fails to take account of the interests of the whole family.Such arrangements are fraught with danger. |
| Whatever your problem, telephone me: 01335 348855 | or e-mail me: Contact Charles |
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