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.
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.
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.
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.
The Right to Manage (RTM) was introduced in 2002 giving flat owners a no fault right to collectively take over the management functions in respect of their building.
Leaseholders, acting via an RTM company, can take control of services, repairs, maintenance, improvements, and insurance in respect of their building.
Following its Third Reading in the House of Lords on 21 July 2025, only minor drafting amendments were made to the Renters (Reform) Bill (‘the Bill’), signalling the Lords’ broad approval of its substance.
If the Bill is given Royal Assent in its current form — with no last-minute policy reversals when it returns to the Commons on 8 September 2025 — it will mark the most significant overhaul of tenancy law since the Housing Act 1988.
This article outlines the key reforms envisaged by the Bill to help landlords, tenants, and investors prepare for the changes ahead.
As we have discussed in our previous articles, it was announced in the King’s Speech that the Government’s legislative programme would include draft legislation on leasehold and commonhold reform: the “Draft Leasehold and Commonhold Reform Bill.”
This implied that the Government might leave the previous Conservative Government’s legislation, The Leasehold and Freehold Reform Act 2024, on the shelf and perhaps implement a wider set of reforms consolidating the existing law following the recommendations made by the Law Commission.
