Ashley Wilson - Power of Attorney

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.

Our Power of Attorney & Living Wills Specialists

Tony Wilson

Margot Fisher

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Legal Updates

Assured Periodic Tenancies and SDLT: The Implications of the Renters’ Rights Act

The Renters’ Rights Act 2025 (RRA 2025) shakes up the traditional structure of residential tenancies – fixed-term assured shorthold tenancies will be abolished and home rentals must instead take place as assured periodic tenancies (APTs) from 1 May 2026.

One elusive but significant consequence of this arises from the interaction between the new tenancy model and the existing Stamp Duty Land Tax (SDLT) regime.

However, what looks like just a shift in tenancy structure could, in practice, pull thousands of renters into scope of SDLT reporting and payment obligations for the first time.

Does a development constitute a number of separate buildings for freehold enfranchisement?

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.

Enacting the remaining Law Commission recommendations relating to the Right to Manage

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.

Powers of Attorney & Living Wills