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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

Government consults on banning new leasehold flats, ground rent cap, and transition to commonhold

The Government has now opened a consultation in this regard titled “Moving to commonhold: banning leasehold for new flats”.

The consultation forms part of the next phase of leasehold reform and sits alongside the ongoing implementation of the Leasehold and Freehold Reform Act 2024 (‘The 2024 Act’) and the recently published draft Commonhold and Leasehold Reform Bill (‘The Bill’).

This seeks opinions from leaseholders, landlords and managing agents about how the Bill’s proposed ban on new residential leaseholds should be implemented in practice.

Home Buying and Selling Reforms

On 6 October 2025, the Ministry of Housing, Communities and Local Government (MHCLG) launched a consultation on reforming the home buying and selling process in England and Wales. The consultation seeks public opinions on a series of proposals intended to create a more transparent and efficient residential property market.

Conservative Party Pledges to Abolish SDLT

Conservative leader Kemi Badenoch announced at the Conservative Party Conference 2025 yesterday that the next Tory Government to be elected will completely abolish stamp duty land tax (SDLT) paid by buyers on primary residences in England.