We continue to provide our legal services through the COVID-19 lockdown. Please visit our COVID-19 Hub for legal insights, or contact us directly.
Get in Touch Menu

Mental capacity and all that

01 April 2008

The Mental Capacity Act 2005 has now swept in a new regime – replacing old-style enduring powers of attorney with new-style lasting powers of attorney.

There are benefits and greater flexibilities to be had with these, but at the same time the process of setting them up is lengthier and more complex.

Our probate team is offering a hand-holding service, which is being welcomed by many older clients.

We have also produced written guidelines that are much shorter and simpler than the material put out by the Office of the Public Guardian (we suspect the weight of the application forms alone could easily crush many a frail or elderly client).

Click here to download our fact sheet ‘Lasting Powers of Attorney’.

As always, if you need commercial and pragmatic legal advice, we’re here to help so please get in touch.

Contact us


Related services
Share this article
Resources to help

Related articles

Non-resident capital gains tax: what you need to know

Wills, trusts & probate

If you own property in the UK but do not live in the UK, you should make sure that you comply with non-resident capital gains tax (NRCGT) rules, including the…

Hannah Wall BA (Hons), MA
Associate, solicitor

Residence Nil Rate Band allowance increase: are you up-to-speed?

Wills, trusts & probate

On 6 April 2020, the Residence Nil Rate Band allowance increased to its maximum limit of £175,000. The Residence Nil Rate Band (RNRB) was first introduced in April 2017 to…

Laura Stone LLB (Hons)

Where there’s a will, there’s a way…

Wills, trusts & probate

Traditionally, the practice of making a will or lasting powers of attorney has been somewhat ‘hands-on’, involving face-to-face meetings, signatures in the presence of witnesses, and so on. The coronavirus…

Simon Cook LLB (Hons), TEP
Contact us