Home > Legal Articles > Financial Abuse of the Elderly

Topic: Mental Capacity


  • Emma Fuller - Wills, Probate and LPA
    Financial Abuse of the Elderly
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    I read an article in the Independent on the 20th October which was extremely concerning. It appears that there are a growing number of elderly and vulnerable people being financial abused by relatives. I have seen this abuse myself  but it appears that more abuses take place when the family member  applies to be the… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Powers of Attorney: Can I sell a jointly owned property?
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    Many people (especially younger people) appoint their partners as their Attorney under a Lasting Power of Attorney.  But they also often own property jointly that same person.  This creates a problem if one party loses mental capacity and the jointly owned property is to be sold. In this scenario, the property is owned by A… Learn more

  • Emma Fuller - Wills, Probate and LPA
    What is the difference between a Lasting Power of Attorney and a Deputy?
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    Lasting Powers of Attorney (LPA) and Deputy Orders are legal appointments of a person or person/s to deal with the affairs of a person who lacks mental capacity. Both appointments can be made to make decisions about the person’s financial matters or their health and welfare. The differences between the LPA and Deputy appointments are… Learn more

  • Emma Fuller - Wills, Probate and LPA
    Court of Protection: Becoming a Deputy
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    Deputy applications are on the increase as each year many people lose the mental capacity to look after their property and affairs properly. Some have thought ahead and have already appointed an attorney (see our section on Lasting Powers of Attorney if the person in question retains mental capacity), but others may not have done… Learn more

  • Andrew Robinson - Employment Law
    Ask Eleanor: I’m still young, why would I need an LPA?
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    A Lasting Power of Attorney allows people to nominate one or more attorneys who will make decisions about their property and finances or about their health and personal welfare.   The obvious example of someone who would need an attorney to help with finances (which can be used when the donor still has mental capacity)… Learn more

  • Andrew Robinson - Employment Law
    What happens when the court makes a Will for you?
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    For a will to be valid, the person making it must have the mental capacity to understand what they are doing and the consequences. Sometimes, for instance in Alzheimer’s cases, it is apparent that a person is not able to make a will for themselves. In these circumstances, a person may die without leaving a valid… Learn more

  • Emma Fuller - Wills, Probate and LPA
    The role of the Court of Protection and Lasting Powers of Attorney
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    The Court of Protection (COP) is a specialist court which deals with all issues relating to people who lack the capacity to make decisions for themselves. The Court is guided by the Mental Capacity Act 2005 and is duty bound to act in the best interests of the patient at all times. There are many… Learn more

  • Faye Williamson - Family Law
    Lasting Powers of Attorney – How do they Work?
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    People often ask us about these.  They are an extremely useful way of keeping a level of continuity of control of your affairs should you become too ill to manage.   A general Power of Attorney allows someone to act on your behalf so, for example, if you were going abroad and you needed some… Learn more

  • Leanne Hathaway - Tax and Trusts
    The role of a solicitor: mental capacity to draft a Will
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      A Court of Appeal decision has said that strong evidence is required to find that a testator lacks mental capacity to make a Will when an experienced solicitor had prepared the will and contemporaneously recorded the view that they had capacity (although in this case the will was invalid for other reasons) – Hawes… Learn more


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