Office of the Public Guardian meaning

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 was granted Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to provide a more modern lasting power of attorney (LPA) service...

In this issue: Probate Court of Protection UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Insolvency—Private Client Digital assets and cryptoassets Charity and philanthropy Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis®PSL community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate HMCTS probate enquiry line—temporary reduced hours From 14 February 2024, and for 12 weeks, the HMCTS probate helpline will run on reduced hours: 9am to 1pm, Monday to Friday. The HMCTS Probate Service remains available via web‑chat from 9am to 5pm, Monday to Friday. Source: HMCTS Probate LinkedIn post. MoJ urges those entitled to claim dormant funds held by CFO to act now The Ministry of Justice...

In this issue Powers of attorney and advance decisions Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Powers of attorney and advance decisions OPG upgrades processing time for LPA applications The Office of the Public Guardian (OPG) has confirmed that from 2 December 2024 the revised timescale for lasting power of attorney (LPA) applications is eight to ten weeks, down from 16 weeks. This encompasses the statutory four-week waiting period. See: LNB News 03/12/2024 9. Source: About our...

In this issue Probate Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals tracker Contentious trusts and estates Scotland, Wales and Northern Ireland International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Probate High Court finds the claimant alive and sets aside the grant of probate (Ashimola v Samuel). In a highly unusual probate matter alleging fraud, forgery and impersonation, the High Court has annulled the grant of Letters of Administration made to Ms Ruth Samuel, said to act as attorney for Mr Bakare Olatoye Lasisi, because the supposed deceased, Ms June Ashimola, is alive. Alternatively, the grant was revoked as it was procured using false, forged or fabricated documents, namely the Marriage Certificate, Death Certificate and...

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, becoming the Powers of Attorney Act 2023 (PAA 2023). PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to deliver a more modern lasting power of attorney (LPA) service. The changes will include: Introducing regulations so those involved in making an LPA can choose to sign the LPA digitally or on paper; Removing the option for attorneys to register an LPA, meaning only the donor will be allowed to register; Introducing regulations setting identification verification requirements for registration applications; Providing for a single route for registration objections to the OPG and widening who may object to include third parties, not only those named in the LPA; Making it the OPG’s responsibility, rather than the donor’s, to notify named persons that an LPA is...

ARCHIVED: This tracker is archived and no longer updated. For an overview of Court of Protection cases from 2025 onwards, see: Court of Protection—table of cases. P, Re (Property & Affairs Deputyship: Jurisdiction) [2024] EWCOP 77 (T2) Court of Protection determines it has jurisdiction to consider whether P’s mother should continue as property and affairs deputy The proceedings related to P, an adult who sustained a brain injury in an accident and had a substantial personal injury claim. His mother had been appointed by the Court of Protection as his property and affairs deputy, and the present decision addressed an application seeking to revoke that appointment. The litigation had been protracted. Earlier, the court permitted ‘closed material’ to be withheld from P’s parents to facilitate capacity assessments; for a summary of that ruling, see here. Despite that step, neither the Official Solicitor nor the court gained clarity about P’s condition or even his location. It was reported that P was now residing in Italy. HHJ Burrows concluded that...

Practice Note On 31 January 2018, the Scottish Government opened a consultation on potential reform of the . This was followed by the Scottish Mental Health Law Review, issued in September 2022. In July 2024, the Scottish Government released proposals for an Adults with Incapacity Amendment Act (see here), which remain out for consultation. It is also consulting on a draft Learning Disabilities, Autism and Neurodivergence Bill (see: here). The Scottish Government has signalled that broader reform of the Adults with Incapacity regime will be explored within a Work Programme running to 2030. No fresh legislation is anticipated before the Scottish Parliament is dissolved in May 2026. This Practice Note considers the (AI(S)A 2000), the statute that sets the framework for safeguarding welfare and managing finances for people in Scotland aged over 16 who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate. Incapacity means being unable to act, make choices, communicate, or understand such choices. It can also extend...

The Office of the Public Guardian DX 744240 Birmingham 79 [ Office of the Public Guardian ] [ PO Box 16185 ] [ Birmingham ] [ B2 2WH ] Dear [ insert organisation name ] [ insert name of donor ] Application to register an EPA We act on behalf of [ insert name of Attorney ], the attorney for the above-named. The Attorney intends to submit an application to register the EPA dated [ insert date of EPA ]. We enclose: the original EPA; Form EP2PG; our cheque for [ insert amount of application fee ]. We would be grateful for the registered EPA to be returned at the earliest opportunity. Yours faithfully [ insert name of firm ]...