Brownlie v Four Seasons Group
The Mental Capacity Act 2005 is designed to protect and empower individuals who may lack the capacity to make their own decisions, whether those decisions relate to their legal affairs, care or something else.
When you are appointed as a deputy by the Court of Protection, you will encounter a number of problems in managing the property and affairs of the person who lacks mental capacity. A common struggle is the difficulty of liaising with employees of regulated institutions.
You have been appointed as your loved one’s property and affairs attorney under a Lasting Power of Attorney (“LPA”) and this has been registered by the Office of the Public Guardian (“OPG”). The OPG has published new guidance which may be helpful. As an attorney, you must always act honestly and in the best interests of the person granting the power of attorney (the donor). This role can often be daunting.
In the recent judgment of PBC v JMA and others, Judge Hilder authorised an application by an attorney to make gifts from his mother’s estate in excess of £7m, including £6m to himself.
People in the UK are living longer than ever before. This is good news, but it brings with it a multitude of problems. The Alzheimer’s Society report that there are 850,000 people with dementia in the UK, with numbers set to rise to over 1 million by 2025. With these eye watering figures in mind, it is becoming increasingly important that you make clear what should happen in the event that you lose capacity to manage your own affairs.
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