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Capacity to make a lasting power of attorney

Trusts and Estates

Capacity to make a lasting power of attorney

This article considers a recent case in the Court of Protection (publication on BAILII is pending) in which the decision for the court was whether lasting powers of attorney were made by P at a time she had capacity to do so. There was a three-day hearing conducted remotely by District Judge Greenan on 8, 9 and 12 October 2020. The case is notable because notwithstanding the fact that the certificate provider was a solicitor, the court held that P lacked the capacity to make the lasting powers of attorney. Eliza Eagling acted for the Office of the Public Guardian (OPG) in this matter.

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