Posts by Faye Lie-Critchley
Equity release; understanding the implications and why a capacity assessment may be required before proceeding.
What is equity release? Equity release is a product offered by a company that enables homeowners to access funds from their property. This can be used to finance home improvements, such as a new bathroom or kitchen, or to provide financial support for a loved one. It can also be used to increase pension income.…
Read MoreGifting capacity
What is a gift and what are the legal implications? Why might a capacity assessment be required when gifting? A gift is the transfer of money, property or possessions without expecting anything in return. For a gift to be valid under UK law, the following three conditions must be met: Gifts are given for a…
Read MoreWhat is a Trust, and why might the assessment of a Trustee’s capacity be necessary?
A Trust is a legal arrangement whereby one party, known as the settlor, transfers assets to another party, the Trustee, for the purpose of managing those assets for the benefit of a third party, the beneficiary. Trusts can be intricate in nature, but when used correctly and managed appropriately, they can be highly effective in…
Read MoreWho can complete a COP14PADep and why is this required?
Court of Protection property and financial affairs; notification and acknowledgement: A COP14PADep is a notification to the person who lacks capacity or is alleged to lack capacity, whom the application relates, to notify them that someone is going to apply to become their deputy for property and affairs with the Court of Protection. The person…
Read MoreWhat is a Certificate Provider and why do we need one?
The certificate provider’s role is an essential part of the process in completing your Lasting Powers of Attorney (LPAs), making these legal and ready for submission to The Office of Public Guardian in order to be registered. Without this, your LPAs will not be valid and will be returned to you, causing you unnecessary delays.…
Read MoreWhat is Assistive Technology
Have you heard of Assistive Technology? An elderly person is found confused, wandering outside of their home. Unfortunately, this is an all too familiar Social Care emergency that historically may have led to a chain of events, resulting in an admission to residential care. Thornton & Lee understand the importance of advocating for an individual…
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