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Rayner my parade! The importance of specialist advice.
Jemma Brimblecombe
The Child Brain Injury Trust reports that every 90 seconds, someone in the UK is admitted to hospital with an acquired brain injury, and every 15 minutes, a child in the UK acquires a brain injury. While many will make a full recovery, for others, this may impact on their ability to make certain decisions as adults.
Once referred to as a “secret court”, the Court of Protection is increasingly limiting its privacy and is arguably becoming more open.
It is sometimes assumed that a will cannot be valid if it was made by a person who suffers from dementia. However, many people retain capacity to make a will for a significant period following their diagnosis.
People often consider executing a Lasting Power of Attorney (“LPA”) when they reach their later years, and their chances of suffering from a condition which may affect their cognitive ability increases. It is necessary for a donor (the person granting the LPA) to have capacity at the time it is signed pursuant to section 9(2)(c) of the Mental Capacity Act 2005 (“the 2005 Act”). If someone’s capacity has started to fluctuate, this can result in uncertainly as to whether the LPA was validly executed.
People with dementia are at higher risk of financial abuse and in our experience, the majority of allegations of financial abuse and misappropriation of monies against vulnerable individuals are against the very people trusted to look after their affairs. Sadly, the volume of those allegations is on the rise.
Jemma Brimblecombe
Charles Richardson
Oliver Oldman
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