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Powers of Attorney & Living Wills

Powers of Attorney & Living Wills

Power of Attorney & Living Wills

When someone loses the capacity to deal with their own affairs, it can be very distressing for them and those closest to them. If those closest are unable to assist because they have no legal authority to act, it can only add to the strain. In such a case, an application will need to be filed with the Court of Protection so that an appropriate order is obtained. The process involved is lengthy and will come at a considerable expense.

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Lasting Powers of Attorneys

Property & Affairs Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s property and financial affairs.

To make a Lasting Power of Attorney is a complicated and lengthy process and it must adopt a strict legal format. Once this document has been signed by everyone concerned, it must be sent off to the Office of Public Guardian for registration, otherwise, the attorney has no authority to act.

Enduring Powers of Attorney

Personal Welfare Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s healthcare and personal welfare. These decisions can only be taken if he or she lacks mental capacity, and may include decisions on whether to accept or refuse ‘life sustaining treatment’.

Enduring Powers of Attorneys were available up to the 1st October 2007, when they were replaced by Lasting Power of Attorneys. Enduring Powers of Attorneys made before this date remain valid but if your loved one has lost mental capacity, then the appointed attorney(s) will need to apply to the Office of the Public Guardian and register the Enduring Power of Attorney.

Living Wills

A Living Will is a legal document which sets out in clear terms what medical treatment you would or would not wish to receive if you ever became incapacitated. This document does not allow you to appoint others to make such decisions on your behalf. It is strongly recommended that you provide your GP with a copy of your Living Will so that it is placed alongside your medical records.

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Legal Updates

Building Safety Act 2022

The Building Safety Act 2022 (the Act) came into force on 28 June 2022. It created new financial protections around the cost of remediation of historical safety defects for leaseholders of buildings at or above 11 metres or five storeys with historical safety defects.

While flat owners who benefit from this protection will welcome this unfortunately there are problems around the conveyancing process as it adjusts to the effect of the complex new rules which may adversely affect the sales process and the Government overlooked the effect of the legislation on flat owners extending their leases.

Update – Case Law and Legislative Developments – Enfranchisement – April 2022

This article covers some case law and legislative developments over the last 12 months relating to enfranchisement

Deferment Rate Challenge

The deferment rate is relevant to residential leaseholders whether they are a house owner seeking their freehold, a flat owner seeking a longer lease of their flat or the freehold to their building acting in concert with other flat owners.