Protecting Britney – the difficult question of control

The much-publicised situation surrounding the private life of Britney Spears has made for illuminating reading for those unfamiliar with the US system of conservatorship. Following concerns about the singer’s mental health more than a decade ago, the court-ordered arrangement was put in place which saw control of decisions about aspects of her life passed to […]

My father is becoming forgetful. Should we be thinking about legal protections for him?

It is always concerning when a loved one appears less able to do things they once could. While slower bodies and minds are the unavoidable byproduct of ageing, you are certainly right to be thinking about the possibility that your father may at some point need greater help from those around him. Depending on your […]

Latest statistics show 18% drop in LPA applications and a jump in digital applications and grants of Probate

The Ministry of Justice has released the Family Court statistics for January to March 2021, revealing that there were 195,734 LPAs received, down 18% compared to the equivalent quarter in 2020. LPA applications had been steadily increasing, peaking in 2020 – largely brought about by increased publicity and the new online forms introduced in July […]

How are ‘best interests’ determined?

Mental capacity is easily taken for granted. For those who have always been able to make decisions about their life, their money, their health and wellbeing, it’s not easy to imagine that being taken away. But this happens. Whether through an accident or illness, someone can lose their mental capacity – instantly or gradually. And […]

Why your Will isn’t set in stone

When someone makes a Will, they rightly expect the wishes they have set out to be carried through. In most cases, that is exactly what happens; the executors distribute assets to the chosen beneficiaries, and deal with all other necessary arrangements to manage the deceased’s affairs. There are situations in which a Will may be […]

The case for thinking ahead

Most of us have the luxury of personal autonomy. We can decide how we live, where we go, what we do. We make choices for ourselves – some big, some small – every day. But imagine if this were all taken away. Imagine becoming unable to make important decisions, or to communicate your wishes to […]

Time to change your plans?

The lead-up to the recent Budget was peppered with speculation about how the Chancellor might start to recoup some of the expenditure of the last 12 months and more. This included predictions about fairly significant changes to the Inheritance Tax (IHT) and Capital Gains Tax (CGT) regimes. But these didn’t materialise. Rather, the government announced […]

Have you made a Lockdown LPA?

 As much as this pandemic has ground lots of things to a halt, it has sharpened focus on others. As a nation, we’re getting back to some basics. We’re seeing what really matters. And many of us are using whatever extra (or differently spent) time we now have to getting round to doing things we’ve […]

I’ve been named as attorney in a Lasting Power of Attorney. What do I have to do?

Firstly, don’t panic! If you have been chosen, it’s because the person appointing you believes you have the skills and aptitude to do a good job. What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) is a legal document. It’s put in place by someone (a ‘donor’) who wants to provide […]