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19 April 2024 / Ann Stanyer
Issue: 8067 / Categories: Features , Family
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Lasting power of attorney: a matter of trust

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Who would you trust with your life & money? Ann Stanyer offers tips for solicitors when advising a client on lasting power of attorney
  • Offers advice on safeguards and protections in the lasting power of attorney document.
  • Sets out questions to ask and points to consider when clients are choosing potential appointees.

The role of private client solicitors is to ensure our clients understand that a lasting power of attorney is one of the most important documents they can sign. If we do not advise our clients properly or if clients make poor choices as to their attorneys, their finances and health may be left unprotected. More seriously, they leave themselves open to losing their assets to an unscrupulous attorney.

Take your time

For the above reasons, we need to spend time understanding the client, their needs, their estate, wishes and feelings, and how they take decisions for themselves. Once we have these details and have a feel for how the client would like decisions to be

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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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