Until now, the general approach has been that a company cannot claim privilege against its own...
Whether you want to put in place arrangements for yourself, or in the event that you need to make arrangements for someone else, our Team is able to advise you and your family on the complexities of the law (the Mental Capacity Act 2005) and deal with applications to the Court of Protection on your behalf.
Our Team is also able to undertake assessments as to whether an individual has the requisite legal capacity to make decisions concerning their affairs.
Acting as Attorney or Deputy
If you are an appointed Attorney under an EPA or LPA, or a Deputy appointed by the Court of Protection, and you require clarification or guidance on your duties and responsibilities, the extent of your authority, or more generally, we can offer you the technical expertise to ensure you are fully supported in your role.
Enduring Powers of Attorney EPAs
The previous system which existed until October 2007, allowed a Donor to create an EPA appointing an individual or individuals to manage their financial, property and business affairs. Although it is no longer possible to create an EPA, they can still be used by your Attorney(s) to manage your financial, property and business affairs.
If you have an unregistered EPA, then your Attorney(s) are under a positive duty to register it with the EPA with the Office of the Public Guardian should they have reason to believe you are, or are becoming mentally incapable. Our specialist Team can advise on the process and deal with the application on the Attorney(s) behalf.
If you want to replace your unregistered EPA and replace it with a Property & Financial Affairs LPA, you can do so whilst you still have mental capacity to do so. If the EPA is registered, it can be revoked but only by authority of the Court of Protection. We can offer assistance with the formalities of achieving this.