Blog
Keeping the peace at Christmas – top tips for shared parenting over the festive season
Lauren Evans
13 February 2025
Capacity to make a Lasting Power of Attorney
A Lasting Power of Attorney (“LPA”) is a formal document that, once registered by the Office of the Public Guardian (“OPG”) authorises others, known as “attorneys”, to act on behalf of another who is unable to make decisions for themselves.
13 February 2025
Capacity to make a gift
A gift can be anything of value, such as cash, personal possessions and property. If a person chooses to dispose of an asset for less than it is worth this is also considered to be a fit. The act of giving a gift is typically done to express care, appreciation, celebration or goodwill. Gifts are often exchanged during special occasions such as birthdays, weddings, anniversaries and customary occasions, but they can also be given spontaneously as a gesture of kindness or generosity.
13 February 2025
Capacity to manage property and financial affairs
An assessment to determine whether an individual has capacity to manage their property and financial affairs is required when an individual’s capacity is in doubt and they need to make decisions relating to their property and finances. For example, they may want to sell or purchase a property, need to manage an award of damages or need to manage their overall affairs.
20 January 2025
What is capacity and how is it assessed?
When we refer to the word “capacity”, we are referring to “mental capacity”, which is the ability to understand information and make decisions. This relates to decisions affecting daily life but also more significant decisions, such as making a Will or getting married.
10 December 2024
Attorney/Deputy: How to respond to a query from the OPG
A number of the cases we deal with in the Court of Protection (“COP”) team at Kingsley Napley have an element of financial abuse against the protected party (“P”). Many of the cases received through the COP panel will be received by us at the end of long proceedings originating from a concern of financial abuse or mismanagement by an attorney or deputy. Our role can then be to investigate the claims further, consider any steps that can be taken to restore P’s estate and, in some cases, to manage P’s affairs going forward. However, not all concerns of financial abuse need or will get to this stage if handled correctly when the concern is raised.
