Here I answer the question: “what decisions can an LPA make” (i.e. an appointed attorney)? Broadly, powers granted by an LPA are far reaching, however, they are constrained, not only by law but by the rights of other interested parties. Attorneys have wide ranging powers to step into the shoes of a donor Attorneys must …
Does an LPA override a will?
Asking ‘does an LPA override a will’, represents something of a ‘category error’, by which I mean that the two documents are not designed to be active at the same time, so would not usually conflict (at least directly). The LPA is used in life and a will is used in death. Notwithstanding, attorneys …
Can GP overrule power of attorney?
This question (“Can GP overrule power of attorney?”), may be informed by two further questions: 1. “is the person who gave the Power of Attorney, capable of making the decision themselves” and 2. “is the decision in the best interests of that person”? Attorneys must act in the best interests of donors. Attorneys may not …
What do LPAs do?
Lasting Powers of Attorneys (LPAs) present a means by which you are able to appoint someone trusted to make key decisions for you should lose the ability to do so yourself, this is called a ‘loss of capacity’ This is the broadest answer to the question ‘What do LPAs do’? LPAs allow you to …
LPAs for Business Owners
LPAs for Business Owners – Against a backdrop of antidiscrimination legislation and shifting demographics the use of separate ‘personal’ and ‘professional’ LPAs for Business Owners grows increasingly common. Legislation acknowledges the need for separate Business LPAs Distinct Business LPAs allow Attorneys to put the interests of a Company first Removal of a mentally impaired director …
Leaving money in trust for grandchildren UK
Leaving money in trust for grandchildren UK, with families increasingly dispersed, relationships between individual members grow more diverse and leaving money in trust or grandchildren (UK) becomes more popular. Discretionary trusts give ongoing decision-making powers to trustees Assets may be protected from bankruptcy and divorce Trusts may persist for 125 years At the …
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Best way to leave money to a child UK
Best way to leave money to a child UK It is impossible for a minor to received gifts by a will in English law. As such, the best way to leave money to a child (UK), speaks to the manner in which gifts are held by trustees for the child. Bereaved minor’s trusts are …
Do I need a trust to avoid probate?
To make sense of the question ‘do I need a trust to avoid probate?’ it’s important to understand firstly, why the enquirer wishes to avoid probate at all and secondly, what they might direct into any future, trust. Probate is the authority by which one administers the affairs of the deceased. Care must be taken …
How to get power of attorney when person is incapacitated UK
When clients enquire as to how to get a power of attorney when a person is incapacitated UK, the first thing we explore is their interpretation of the word ‘incapacitated’. Typically, such questions are posed when the subject of the enquiry is unable to act for themselves, because of some deteriorating condition or accident. …
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Can an executor withhold money from a beneficiary UK?
The answer to can an executor withhold money from a beneficiary UK is ‘yes’, though only for certain reasons. Executors can withhold monies from beneficiaries, though not arbitrarily. Beneficiaries may be unable or unwilling to receive a gift by a will. The executor’s job is onerous and the time taken to execute a will may …
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