Blog
Rebuilding lives after brain injury: the role of the Court of Protection
Jemma Garside
19 May 2023
Navigating divorce when capacity is impaired: insights for brain injury and dementia cases
This week (15-19 May 2023) is National Brain Injury Awareness and Dementia Awareness week. My colleagues have previously written about the treatment of personal injury awards in financial settlements upon divorce. This article looks at the practicalities of family law court proceedings: how does someone participate in the legal process if they have a brain injury or other condition that means that they can’t understand the process or the decisions that need to be made? Here are some common questions.
17 May 2023
Is the law on predatory marriage going to change?
In recent years there have been calls for a change in the law to protect vulnerable adults from falling victim to what has become known as “predatory marriage”. This is due to a rise in cases where fraudsters have married vulnerable and often elderly individuals, without the knowledge of their loved ones.
2 May 2023
Will Trusts – Who to appoint as trustees
An increasing number of people choose to leave their assets to a trust created in their Wills; rather than outright to various family members. This choice is often less driven by Inheritance Tax considerations and more by the desire to ensure that assets are protected for future generations.
24 April 2023
American taxpayers and their family home in the UK
Where income or capital gains are taxed in both countries, the tax paid by one country, with appropriate planning, can be offset against the tax payable in the other; to avoid double taxation. But there’s very real financial pain for a US Person living in the UK when a tax free receipt here still falls to be taxed in the USA.
17 April 2023
Issues with using joint bank accounts
Once a deputy/attorney is appointed, whether this be a professional or lay (non-professional), one of the first steps is to register all known accounts held by the person to whom the deputyship/LPA relates, known as “P”.
The deputyship Order or registered LPA is sent or taken to the bank and the details for the new deputy/attorney are added to the bank’s system. The account is then registered in the name of the deputy/attorney and P. The new deputy/attorney will have access to the account to use the funds for P and in P’s best interests. The funds do not legally belong to the new deputy and P is still the owner. The account name should be registered as such:
