Increase in Probate Fees under review by the MOJ

Increase in Probate Fees under review by the MOJ

The Ministry of Justice is considering a Fee increase from the current £155 for Solicitor represented applicants and £215 individuals respectively, to a flat fee of £273. The law society takes the view that an increase in Fees is without justification. The Law Society...
Cohabitee common property dispute questions answered

Cohabitee common property dispute questions answered

How do you record what share you have in a property? When parties buy a house together they will sign a transfer form called a TR1. Box 10 of the TR1 contains a Declaration of trust. A property can be held as tenants in common in equal shares, unequal shares or as...
What to do when someone dies ?

What to do when someone dies ?

Registering the death The first thing that should be done when someone dies is that their Death should be registered. For deaths in England and Wales the death should be registered within 5 days of the death. Due to Covid 19 the appointment with the registrar will be...
Your questions answered: The Law on Electric Scooters

Your questions answered: The Law on Electric Scooters

Can you ride Electric Scooters on public roads and cycle path? No unless the scooter is part of the government rental trial. Unless the e-scooter is part of the rental trial you cannot ride a e scooter on a public highway or cycle path and no scooter should be used on...
Burial Disputes and the Law

Burial Disputes and the Law

Who has the right to make funeral arrangements for the Deceased ? The starting position is the Executor. Whilst it is thankfully not common we advise from time to time on disputes concerning burial. The executor has a primary duty to dispose of a body and has right of...

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Clodes Solicitors
Clodes Solicitors
A common query we receive is that P has lost capacity - how does one remove an Attorney appointed under an LPA ?

The Mental Capacity Act 2005 under S.22 and S.23 gives the Court power to revoke an LPA or to determine any question as to the meaning or effect of a lasting power of attorney.

One must carefully consider whether the allegations have merit and who it is proposed would deal with the persons financial affairs should the LPA be revoked.

One could raise there concerns directly with the Office of The Public Guardian or the attorney.

Alternatively one could consider making an application to the Court of Protection to revoke the Power of Attorney and appoint X as a Deputy. If time is of the essence an application to the Court for Directions or Revocation maybe prudent following a letter before action.

If a person is considering a Court of Protection application they should seek legal advice before commencing.

Where a Court application for revocation is being considered the donor would need to be assessed by an expert to ascertain the following:

1. Does P have capacity to revoke their LPA ?
2. Can P validly enter into a new LPA ?
3. Does P lack capacity to request accounts from their attorney ?
4. Did P lack capacity to make the gift or relevant financial decisions at the relevant time ?

The Court can consider any past behaviour or apparent prospective behaviour by the attorney. Provided that X does not have capacity the Court has the power to take whatever steps it regards as appropriate in P's best interests, whether that be by revoking the LPA or by taking some other course.

If you have concerns about a loved ones Attorney contact Clodes Solicitors on 02920 765050 or at https://www.clodes-solicitors.com/service/lasting-power-of-attorney/ #solicitor #local

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