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Private Client FAQs

Landlord & Tenant FAQs

Family & Matrimonial Law FAQs

Industrial Disease FAQs

1. When should you make a Lasting Power of Attorney?
>
?

It is essential to make your Lasting Power of Attorney whilst you still have the capacity to do so. It is important that the document is signed and registered with the Office of the Public Guardian so that it is valid for use when it is needed. Registration can take four to five months as the Office of the Public Guardian needs to validate the document.

Most people over the age of 18 should create a Lasting Power of Attorney to protect them should they suddenly find themselves without mental capacity. In particular, we advise that anyone that has been diagnosed with, or thinks they might develop an illness that affects their mental capacity and ability to make decisions, should create a Lasting Power of Attorney.

2. How long does an LPA last?
>
?

Your lasting Power of Attorney will last for your lifetime once it has been validly executed. However, it may become invalid if revoked by the donor, the attorney, the Court of Protection or by operation of law.

3. What is meant by a Lasting Power of Attorney?
>
?

A Lasting Power of Attorney is a document you can create to allocate your attorneys (typically people you love and trust) to make decisions regarding your property and financial affairs or health and welfare decisions if you can no longer do so. Lasting Powers of Attorney can only be created if a person has the mental capacity to do so, according to the Mental Capacity Act 2005.

4. What is the Court of Protection?
>
?

The Court of Protection is a court that deals with decisions under the Mental Capacity Act 2005. Somebody would need to apply to the Court of Protection if a decision needs to be made regarding someone's finances or health, and they have not previously executed a Lasting Power of Attorney, or they no longer have the capacity to enter into such document. Registration with the Court of Protection can take up to twelve months.

5. What happens if my landlord refuses to offer us a new lease?
>
?

If your landlord refuses to offer you a new lease, we advise that you seek independent legal advice.

Once you have instructed the Larcomes' residential conveyancing team, we ask you to bring in a copy of your lease, and we will then be able to advise you as to whether you have any renewal rights by law.

1. When should you make a Lasting Power of Attorney?
>
?

It is essential to make your Lasting Power of Attorney whilst you still have the capacity to do so. It is important that the document is signed and registered with the Office of the Public Guardian so that it is valid for use when it is needed. Registration can take four to five months as the Office of the Public Guardian needs to validate the document.

Most people over the age of 18 should create a Lasting Power of Attorney to protect them should they suddenly find themselves without mental capacity. In particular, we advise that anyone that has been diagnosed with, or thinks they might develop an illness that affects their mental capacity and ability to make decisions, should create a Lasting Power of Attorney.

2. How long does an LPA last?
>
?

Your lasting Power of Attorney will last for your lifetime once it has been validly executed. However, it may become invalid if revoked by the donor, the attorney, the Court of Protection or by operation of law.

3. What is meant by a Lasting Power of Attorney?
>
?

A Lasting Power of Attorney is a document you can create to allocate your attorneys (typically people you love and trust) to make decisions regarding your property and financial affairs or health and welfare decisions if you can no longer do so. Lasting Powers of Attorney can only be created if a person has the mental capacity to do so, according to the Mental Capacity Act 2005.

4. What is the Court of Protection?
>
?

The Court of Protection is a court that deals with decisions under the Mental Capacity Act 2005. Somebody would need to apply to the Court of Protection if a decision needs to be made regarding someone's finances or health, and they have not previously executed a Lasting Power of Attorney, or they no longer have the capacity to enter into such document. Registration with the Court of Protection can take up to twelve months.

5. What happens if my landlord refuses to offer us a new lease?
>
?

If your landlord refuses to offer you a new lease, we advise that you seek independent legal advice.

Once you have instructed the Larcomes' residential conveyancing team, we ask you to bring in a copy of your lease, and we will then be able to advise you as to whether you have any renewal rights by law.