header-logo header-logo

09 July 2021 / Tom Hall
Issue: 7940 / Categories: Features , Wills & Probate , In Court , Court of Protection
printer mail-detail

Property & finances: capacity matters

52402
Tom Hall provides a practical guide to capacity & the appointment of attorneys & deputies
  • Explores some of the differences between capacity to create a property and financial affairs lasting power of attorney, and capacity to manage property and financial affairs.
  • Some tips for the preparation of instructions to specialist capacity assessors.

The number of applications being made annually to the Court of Protection for the appointment of a property and financial affairs deputy has been steadily increasing since the implementation of the Mental Capacity Act in 2007. Similarly, we have also seen sustained growth for over a decade in the number of Lasting Powers of Attorney (LPAs) being registered annually with the Office of the Public Guardian. Unsurprisingly, the latest statistics, published by the Family Court last month, reveal that there was a decrease in the number of deputies appointed and LPA applications registered during first quarter of 2021 when compared with the first quarter of 2020. It is evident that lockdowns and the wider impact of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
Artificial intelligence, proportionality and public decision-making are under increasing judicial scrutiny, according to the latest public law round-up from Herbert Smith Freehills Kramer
Families relying on informal agreements over property ownership could face costly consequences if disputes arise, the High Court has warned
back-to-top-scroll