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LPC Law Notes Private Client Notes

Ep As & Lp As Notes

Updated Ep As & Lp As Notes

Private Client Notes

Private Client

Approximately 235 pages

A collection of the best LPC Private Client the director of Oxbridge Notes (an Oxford law graduate) could find after combing through twenty-nine LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Private Client notes available in the UK this year. This collection of notes is fully updated f...

The following is a more accessible plain text extract of the PDF sample above, taken from our Private Client Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Enduring Powers of Attorney & Lasting Powers of Attorney

The Court of Protection (CoP) & The Public Guardian (PG)

  • PG role is to protect individuals lacking capacity from abuse, supported by the Office of the Public Guardian

  • PG primarily deals with:

    • Enduring Powers of Attorney & Lasting Powers of Attorney

    • Court-appointed Deputies

POWERS OF ATTORNEY

A way of conferring power on another to act on his/her behalf, achieved by deed,
general or limited, BUT ceases to have effect if donor loses mental capacity

ENDURING POWERS OF ATTORNEY – EPAs LASTING POWERS OF ATTORNEY – LPAs

Continue to be valid if donor loses mental capacity

s.13(1) Mental Capacity Act 2005: ‘he is incapable by reason of mental disorder

of managing and administering his property and affairs

Created before October 2007 (but still usable) Created after October 2007

1 category only:

Property and Financial Affairs (doesn’t give authority regarding personal welfare decisions)

2 categories:

  1. Property and Financial Affairs

  2. Health and Welfare

Key Features
  1. Must be in prescribed form

  2. Must contain a prescribed explanatory statement

  3. Must be registered when the attorney has reason to believe the donor is becoming mentally incapable

  4. Notice of registration must be served on certain relatives

  1. Must be in prescribed form – LP1F, LP1H

  2. Donor must choose a certificate provider

  3. Execution must be in prescribed manner

  4. Must be registered before it can be used – attorney has no powers until registration has been completed

  5. Notice of application must be served on anyone named by the donor

Requirements for an EPA/LPA to qualify:

  1. Donor must be an individual who can grant the power – mental capacity is required

  1. Done must be disqualified from acting as an attorney

  2. Instrument must be in prescribed form

  3. Must be executed and attested

Attorneys
  • Must select if several or jointly, otherwise EPA invalid

  • An attorney cannot witness the signature of another attorney.

  • Presumption attorneys appointed jointly (unless rebutted)

  • An attorney can witness the signature of another attorney

Registration
  • Obligation to register if the donor is or is becoming mentally incapable – until then it operates as an ordinary power of attorney

  • Documents required:

    • EP2

    • EPA

    • Fee

Can be registered at any time after execution, not just when donor loses capacity
When can it be used?

Operative on execution

UNLESS authority postponed

Operative once registered

  • Property and Financial Affairs – before and after donor has lost capacity

  • Health and Welfare – only after donor has lost capacity

Notification Requirement

Upon application for registration, notification must be given to certain persons.

  • Notice must be given to the donor and 3 specified relatives.

  • Specified Relatives (work down this list) =

  1. ...

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