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Conundrum for attorneys
Key points
- The Office of the Public Guardian is responsible for registering lasting power of attorney and deputy orders.
- The three-part test to decide whether to allow gifts out of an incapacitated person’s income.
- Has the person carried out tax planning in the past?
- A local authority may challenge tax planning to ensure funds remain to cover care costs.
We should all aspire to provide our clients and their families with advice and support from cradle to grave. Increasingly we have to deal with capacity issues and where there is formal recognition of vulnerability we are often working with deputies and attorneys. There is a misconception that the deputy or attorney simply stands in the shoes of the donor and can act with authority to make decisions on their behalf. It is not that simple because there are protocols and precedents to follow and acting ‘in...
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