How to use this Lawpack Kit
Powers of Attorney in England & Wales
What is a Power of Attorney?
Using a Power of Attorney
Enduring Powers of Attorney
Lasting Powers of Attorney
Important concepts
Capacity
’Best interests’
Life-sustaining treatment
’The five principles’
The Code of Practice
Lasting Powers of Attorney Property and Financial Affairs
The Code of Practice
What LPA PFAs apply to
What LPA PFAs do not apply to
Who may be an Attorney
How many Attorneys?
Revocation of an LPA PFA
Using an LPA PFA
Duties
Accounts and records
Gifts
Trustees
Sale of property and Wills
Disclaiming
Lasting Powers of Attorney for Health and Welfare
The Code of Practice
What LPA HWs apply to
What LPA HWs do not apply to
Relationship with Living Wills (Advance Decisions)
Who may be an Attorney
How many Attorneys?
Revocation of an LPA HW
Using the LPA HW
Duties
Gifts
Disclaiming
The Forms
Completing the Lasting Power of Attorney
Property and Financial Affairs and the
Lasting Power of Attorney for Health and Welfare
Decisions to be made
Completing the official part of the LPA
Registration
Notification and objections
The Court
LPA Top Tips
General Powers of Attorney
Introduction
Scope and restrictions
Duration
Completing your General Power
Enduring Powers of Attorney
What is an Enduring Power of Attorney?
Registration of an EPA
Notification
What if one or more of the Attorneys are also notifiable relatives?
Notifying the Donor
Is it always necessary to give notice to the Donor and/or to the relatives?
Who should give the notices if there is more than one Attorney?
Who must apply?
The application Form
What if there is financial hardship?
When must the Application be made?
Objections to the registration of the EPA
Grounds on which objections may be raised
Cancellation of registration
Summary of the registration process
Revocation
Powers of Attorney in Scotland
What is a Power of Attorney?
Continuing and Welfare Powers of Attorney
The benefits of a Continuing Power of Attorney
Must the CPA or WPA be in a particular form?
When does the CPA or WPA become effective?
Who may be a Granter and make a CPA or WPA?
What kind of authority can a Granter give in a CPA?
What kind of authority can a Granter give in a WPA?
Choosing your Attorney or Attorneys
Restrictions
Who may be an Attorney?
What an Attorney cannot do under a CPA
Standard of care
Disclosure of conflict
Confidentiality
Accounts
Compensation for work done as an Attorney
Resigning the role of Attorney
Completing the Form of CPA or WPA
The Certificate
Application for Registering the CPA or WPA
The Public Guardian
Where can I get more information about CPAs or WPAs?
General Powers of Attorney
Introduction
Scope and restrictions
Duration
Completing your General Power
For Scotland:
FORMAT The Kit is available in 2 formats:
Paper Power of Attorney Kit by post –includes loose-leaf General Power of Attorney Forms and online access to all other forms
ARTICLES
A Deed Poll is a legal 'instrument' used to formally record a change of name.
In England and Wales, a Deed Poll is commonly used by someone who wants to stop using their former name and adopt a new one. Traditionally executed as a deed, it records a person's formal declaration and commitment to do something. The purpose of a change-of-name Deed Poll is to record a person's formal undertaking concerning their name, not to compel them to adopt a new one.
Technically speaking, a Deed Poll can be used for purposes other than changing a name. However, in everyday usage, the term is most commonly associated with officially documenting a change of name...
Category: Cohabitation
Prenuptial agreements are recognised in many countries, but in the UK they have a history of being seen as unromantic by couples about to embark on a life together.
Yet prenuptial agreements are increasingly being taken into consideration by the English courts when they are looking at financial settlements on divorce.
Find out more on when to use a prenuptial agreement, what a prenuptial agreement does and how to make it legally binding...
Category: Cohabitation
Before letting your property, you need to make sure that it is safe, suitable for occupation and compliant with the legal requirements that apply to your type of letting.
Getting the property ready before a tenant moves in can help prevent avoidable repair costs, reduce disputes and make the property more attractive to prospective tenants. It is often easier to complete necessary repairs while the property is empty than after the tenancy has started.
The requirements vary depending on the property's location, the type of tenancy and whether it is, for example, a house in multiple occupation (HMO). The following checklist focuses on England; landlords in Wales, Scotland and Northern Ireland should check their respective rules...
Category: Landlord and tenant
Following the enactment of the Renters’ Rights Act 2025, the default tenancy for most private residential lettings in England is an Assured Periodic Tenancy (APT), referred to in the legislation as a ‘section 4A assured tenancy’. If you are intending to let a residential property, it is highly likely that this will be the type of tenancy you create.
An Assured Periodic Tenancy gives the tenant the right to exclusive possession of the property until the tenancy is lawfully terminated by either party, provided that the appropriate notice and legal procedures are followed. Unlike a fixed-term tenancy, an APT has no predetermined end date and continues periodically until it is brought to an end in accordance with the law...
Category: Landlord and tenant