In the news...

13th Annual Conference of the Private Client Section of the Law Society Another Brick in the Party Wall Emergency Budget – Increase in CGT for higher rate tax payers Osbornes conquer the Yorkshire Three Peaks! Katie Smith appointed to the London Young Resolution Committee Psychiatric Injury in Children after road traffic accidents A Kernotty problem – The Court of Appeal provides further clarification on interests in property London Legal Walk 2010 Home Information Packs (HIP) Claims Process and Jackson Wills and Trusts for Parents and Carers of Children with Special Needs Lasting Power of Attorney – delays in registration Protecting the Vulnerable The Big (PI) Issue Lisa Pepper in Cosmopolitan Magazine Party for the great and good You PI – Self-Help Disclosure in Financial Proceedings Lawyers Scale Yorkshire’s Highest Peaks for Cot Death Charity Stamp Duty Land Tax – Budget 2010 Comedians Dawn French and Lenny Henry split – Lisa Pepper comments Russian adoptions Dog Bites and Compulsory Insurance Lisa Pepper elected to the Resolution National Committee Naomi Angell Speaks at the Launch by the Legatum Institute of the EACH Campaign Getting Your House in Order Tenancy Deposit Schemes Mark Freedman – Live on Sky News Enforcement of Children Act Orders Assured Shorthold Tenancies as easy as pie? Lasting Powers of Attorney Osbornes reappointed as intervention agents by the Solicitors Regulation Authority Lisa Pepper made a partner Toddler wins compensation from CICA for attack by three year old Jan Atkinson appointed as a member of ACTAPS Chambers recognises Stuart Kightley for his Claimant Personal Injury practice Chambers recognises Osbornes’ Family Department Accidents do happen… Tenancy Deposits

Archive

2009

	Ups and Downs: Variation of Maintenance Orders
	Accidents at school: Should you hop, skip, and jump down to your local solicitor after a playground injury?
	October 2009 – Legal 500 recognises Osbornes’ Family Department
	All roads lead to Rome…but what if you have an accident en route?
	To pre or not to pre
	Christmas Contact
	New Qualifiers
	Surrogacy explained
	Find me a family
	Divorce differently – the collaborative approach
	On 18 May 2009 the Housing team set out once again on the 10K Legal London sponsored walk.
	The Crook, the Thief, the Wife and her Lawyer.
	‘Homes are no longer an asset: they’re a liability’
	Crunch time – Guy Osborn points out that some can take advantage of the climate
	Recruitment

2008

	25 November 2008: Bloomsbury College of Law Launches New Centre to Help Local Community Access Legal Services
	October 2008 – Chambers recognises Osbornes Family Law department
	Shilpa Mathuradas is made a Partner
	Where there’s a Will
	10K Legal London Sponsored Walk
	Stuart Kightley asks the question: cycling in London — is it good for your health?

2007

	Jan Atkinson was one of the organizers of the 10th annual Probate Section Conference for Wills and Probate lawyers at the Intercontinental
	Adoption – new law and practice Domestic and intercountry adoption
	Osbornes represents mother in Landmark decision in the High Court
	Resolution Scheme
	Counting the cost – Lisa Pepper examines the expense of children in a marriage break-up
	Stuart Kightley has been voted onto the national executive committee of the Association of Personal Injury Lawyers (APIL)
	Houses in multiple occupation – the new rules
	How long is your lease? Should you consider extending your lease of your flat or even purchasing the freehold of your building?

2006

	Guy Osborn is made a Partner
	Mark Freedman appeared live on Sky TV News
	Osbornes Family lawyers commended

2005

APIL Accreditation

News

Lasting Powers of Attorney – new forms

The Mental Capacity Act 2005, which came into force in October 2007, signalled the end of the Enduring Power of Attorney (EPA) and introduced the new Lasting Power of Attorney (LPA) in its place.  

One of the main differences between an LPA and an EPA relates to registration. An EPA need only be registered once the Donor (the person creating the LPA) is losing capacity, whereas an LPA must be registered immediately for it to be valid. Additionally, a second type of LPA was introduced to cover matters of Personal Welfare.

Anyone who has an EPA knows that it is only 3 or 4 pages long whereas the LPAs, when first introduced, were 25 pages long! The increase in pages was the result of an attempt to enforce stricter protection for the Donor and to introduce greater safeguards to ensure that people enter into LPAs of their own free will and without undue influence during the period the power of attorney is in force.

After much criticism was directed at the Court of Protection and the Office of the Public Guardian, 1st October 2009 saw the introduction of new, shorter LPAs, each consisting of 14 pages. So where have the extra 11 pages gone? The new form requires additional continuation pages in certain circumstances and a lot more information is now squeezed onto each page than was previously the case, sometimes making it more difficult to follow. Much of the press coverage surrounding the new forms suggests that they can now be completed easily without the help of solicitors. We still encourage people to seek legal assistance with their applications for LPAs as even a small mistake on the forms will result in their rejection by the Court of Protection and will necessitate the application for registration being re-submitted.

It is important to think about an LPA before it is too late to do so. Once the Donor has lost capacity to manage his or her own affairs, the only option available to relatives/friends to deal with that person’s affairs is to make an application to the Court of Protection to be appointed a Deputy. This is a lengthy and more costly exercise which includes an additional annual supervision fee charged by the Court.