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.
This article looks at the status of the reforms announced so far around the sale of houses of a leasehold basis, ground rents in new leases, the fees payable by leaseholders for essential information needed on sale and the potential changes to the premium payable for a lease extension or freehold.
Does a development constitute a single “building” or a number of separate “buildings” for the purpose of freehold enfranchisement?
There have been a number of decisions around the question of whether flat owners’ rights operate on a block by block basis or in respect of a number of blocks via single claim in connection with collective enfranchisement, the enfranchisement of the freehold to a single house, the right to manage and the right of first refusal.
Flat leases often contain defects which one party or the other would like to see changed. This can be a particular problem on resale as lenders continue to tighten their requirements over time.
Such a change would usually be documented by varying the lease via a Deed known as a “Variation”.
Recent case law developments have made lease variations easier in certain circumstances and serve as a useful reminder of the available routes for seeking a variation.
