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20 April 2018 / Caroline Bielanska
Issue: 7789 / Categories: Features , Training & education
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Her lasting wishes...

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Caroline Bielanska provides a case study demonstrating how lasting powers of attorney apply where an elderly relative loses capacity

Harry Harlow visits his mother, Jean, an inpatient at St Mildred’s Hospital. He is so concerned about his mother’s situation that he drives to her solicitor’s practice, Thomas and Tomson, for help. Back in 2008, Mrs Tomson drafted Jean’s health and welfare lasting power of attorney (LPA), in which Harry was appointed as her sole attorney.

Harry tells Mrs Tomson that Jean has been living in a care home, but has become dehydrated. For the past two weeks, she has been in hospital. She is aged 90 and has been diagnosed with dementia, following a number of strokes; type 2 diabetes; and hypertension. Since admission to hospital, she has been refusing to eat and drink. The hospital had been giving Jean intravenous fluid therapy, but her doctor has ceased this treatment, as she is capable of taking fluids orally. He also refused to insert a feeding tube. The hospital intends to discharge Jean, as there is no

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London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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