Legal Guidance and Research / Experts / Victoria Mahon de Palacios
Victoria Mahon de Palacios#1173
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Victoria Mahon de Palacios

Wedlake Bell
Victoria Mahon de Palacios is a senior associate, who trained and qualified at Wedlake Bell LLP. Her practice includes all aspects of private client work. She has particular expertise in Court of Protection work regarding elderly clients and vulnerable beneficiaries. Victoria's general practice also includes advising on methods of mitigating inheritance tax and capital gains tax for both UK and non-UK domiciled individuals through lifetime gifts, onshore and offshore trusts and tax-efficient wills, together with advising on the administering of estates and trusts. Victoria also advises on the establishment of new charitable structures, charity mergers and variations to charitable trusts. She has been named one of the country's "Top 35 Under 35" private client advisers in Private Client Practitioner magazine for 2011, 2013 and 2014. Victoria is a member of the Society of Trusts and Estates Practitioners (STEP) and the STEP Mental Capacity Special Interest Group. Victoria writes a quarterly column for the Solicitor's Journal on wealth management and has contributed to publications such as the Law Society's PS Magazine regarding legal tests to assess mental capacity and Rothschild's Trust Review. She has also been quoted in numerous articles in the press, such as the Financial Times and the Telegraph, regarding probate matters and asset protection. Author of:
  • Choosing the LPA attorney
  • Misuse of EPAs and LPAs and its prevention
  • Lasting power of attorney registration objections
  • Lasting powers of attorney: the attorney's duties and powers
  • Lasting powers of attorney: revocation and disclaimer

    • Practice Area

    Panel

    • Contributing Author

    Qualified Year

    • 2004

    Qualifications

    • LLB (Hons)
    • LPC

    7 Contributions by Victoria Mahon de Palacios

    Advising elderly clients: collaborating with clinicians, carers, social workers and financial/property professionals on capacity (MCA 2005), best interests and information governance
    PRACTICE NOTES
    Advising elderly clients: collaborating with clinicians, carers, social workers and financial/property professionals on capacity (MCA 2005), best interests and information governance
    Solicitors working in elderly client matters must be able to seek guidance and liaise with the client’s GP or relevant specialist clinicians, as well as with others engaged in financial decision-making. To do this effectively, they should pinpoint the advice required and identify who is best placed to deliver it. Practitioners also need familiarity with the terminology used and the reasons the advice or report is being sought. This means clarifying what is sought, why it is needed, and who should supply it precisely. Medical practitioners On a client’s behalf, practitioners brief clinicians for many purposes, including assessments of capacity for particular legal actions and choices, alongside general health and medication guidance. Likewise, a practitioner acting for, or as, a deputy or attorney may find the patient’s GP seeking their input on varied matters such as completing a DNAR (do not attempt resuscitation) form, or whether the patient ought to receive a flu jab. In every instance concerning the client’s or patient’s capacity to make a medical or legal decision, practitioners must have regard to the principles in section 1 of the Mental Capacity Act 2005 (MCA 2005): a person must be assumed to have capacity unless ...
    Private Client
    Duties and Powers of LPA Attorneys under the MCA 2005; Professional Obligations and Updates from the Powers of Attorney Act 2023 (England and Wales)
    PRACTICE NOTES
    Duties and Powers of LPA Attorneys under the MCA 2005; Professional Obligations and Updates from the Powers of Attorney Act 2023 (England and Wales)
    FORTHCOMING CHANGE: Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023 and is now known as the Powers of Attorney Act 2023 (PAA 2023). The majority of its provisions remain inactive while secondary legislation is awaited in due course to implement them fully. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) so as to deliver a more up-to-date lasting power of attorney (LPA) service...
    Private Client
    LPA Registration Objections: Grounds, Procedures, Forms and Forthcoming Reforms via the OPG and Court of Protection (England and Wales)
    PRACTICE NOTES
    LPA Registration Objections: Grounds, Procedures, Forms and Forthcoming Reforms via the OPG and Court of Protection (England and Wales)
    FORTHCOMING CHANGE: Following the Government’s formal response to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill obtained Royal Assent on 18 September 2023, thereby becoming the Powers of Attorney Act 2023 (PAA 2023). When it comes into force, PAA 2023 will introduce changes to the Mental Capacity Act 2005 (MCA 2005) designed to create a more modern lasting power of attorney (LPA) service. The changes will include: introducing regulations that allow all parties involved in making an LPA to choose whether to sign the document digitally or in hard copy; removing the ability for attorneys to register an LPA, so that registration can be completed only by the donor; introducing regulations that set out identification verification requirements in relation to LPA registration applications; providing for a single route for lodging objections to registration with the OPG and widening who may object to include third parties, and not just those named in the LPA; making it the responsibility of the OPG, rather than the donor, to notify named persons that an LPA is being registered...
    Private Client
    Preventing and Addressing Misuse of EPAs and LPAs in England and Wales: Solicitors’ Safeguards, OPG/CoP Powers, Deputyships, and Forthcoming Changes under the Powers of Attorney Act 2023
    PRACTICE NOTES
    Preventing and Addressing Misuse of EPAs and LPAs in England and Wales: Solicitors’ Safeguards, OPG/CoP Powers, Deputyships, and Forthcoming Changes under the Powers of Attorney Act 2023
    FORTHCOMING CHANGE: Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023 and is now the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions have not commenced, awaiting secondary legislation. Once commenced, the PAA 2023 will make amendments to the Mental Capacity Act 2005 (MCA 2005) to deliver a more up-to-date lasting power of attorney (LPA) service...
    Private Client
    Revocation, Disclaimer and Termination of Lasting Powers of Attorney in England and Wales: donor action, operation of law, Court of Protection powers, and PAA 2023 updates
    PRACTICE NOTES
    Revocation, Disclaimer and Termination of Lasting Powers of Attorney in England and Wales: donor action, operation of law, Court of Protection powers, and PAA 2023 updates
    FORTHCOMING CHANGE: Following the Government’s response to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill secured Royal Assent on 18 September 2023, and thereby became the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions are not yet in effect, as they await secondary legislation. Once those provisions are brought into force, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more modern lasting power of attorney (LPA) service...
    Private Client
    Selecting and appointing LPA attorneys: eligibility, numbers, modes of acting, replacements, and prohibited provisions; with forthcoming Powers of Attorney Act 2023 reforms (England and Wales)
    PRACTICE NOTES
    Selecting and appointing LPA attorneys: eligibility, numbers, modes of acting, replacements, and prohibited provisions; with forthcoming Powers of Attorney Act 2023 reforms (England and Wales)
    FORTHCOMING CHANGE: Following the Government’s reply to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill gained Royal Assent on 18 September 2023, and is now the Powers of Attorney Act 2023 (PAA 2023). The majority of the Act’s provisions have yet to commence, awaiting secondary legislation. Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more up-to-date lasting power of attorney (LPA) service, thereby creating a modern LPA service...
    Private Client
    Advance Decisions to Refuse Treatment under the MCA 2005: Practitioner Checklist on Capacity, Drafting, Formalities, LPA Conflicts, Notification and Review (England and Wales)
    CHECKLISTS
    Advance Decisions to Refuse Treatment under the MCA 2005: Practitioner Checklist on Capacity, Drafting, Formalities, LPA Conflicts, Notification and Review (England and Wales)
    An advance decision allows a person to set out refusals of specified medical treatment that will apply in the future if, at that time, they lack the capacity to consent to or decline such treatment. This Checklist highlights the points practitioners should work through when taking instructions and advising a client on creating an advance decision. Capacity Assess whether the client has the capacity to make an advance decision; refer to chapter 3 of the Mental Capacity Act 2005 (MCA 2005) Code of Practice. Lasting power of attorney (LPA) compatibility Ensure there is no inconsistency between the advance decision and any health and welfare LPA the client has put in place...
    Private Client
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