Lasting Powers of Attorney - A Masterclass with Caroline Bielanska

Introduction

Lasting Powers of Attorney are arguably the most important legal document that a client will ever sign, as the consequence of an attorney making a poor decision could result in the donor’s premature death, admission into a care home against their current or past wishes, or the loss of all their assets.

The law that underpins and overarches these forms is complex and far too many professionals have found the Office of the Public Guardian reject the power at registration, resulting in delays and unrecoverable additional costs.

This new full day masterclass is aimed at fee earners who advise and draft lasting powers of attorney. It will include case studies and a suite of precedents to improve the quality of advice and costly mistakes.

What You Will Learn

This course will cover the following:

• Case law and effective revocation of Lasting and Enduring powers
• Factors to consider to make a good choice of attorney
• Drafting considerations for replacement attorneys
• The use of conditions, restrictions and guidance
• Unusual precedents, including business interests
• Drafting a health and welfare LPA and considering advance decision
• What if you don't have power to delegate investment decisions?
• People to notify of registration and adding value
• Acting as the certificate provider
• Complying with the execution requirements
• Overcoming problems discovered at registration
• Providing copies
• What the attorney needs to know
• How Health and Welfare LPAs work in practice
• What to do if you think an attorney is not acting as they should