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Enduring Power Of Attorney
An enduring power of attorney (EPA) under English law is a legal authorisation to act on someone else's behalf in legal and financial matters which (unlike other kinds of power of attorney) can continue in force after the person granting it loses mental capacity, and so can be used to manage the affairs of people who have lost the ability to deal with their own affairs, without the need to apply to the Court of Protection. EPA's were created by the Enduring Powers of Attorney Act 1985. It soon became apparent that the law relating to mental incapacity remained inadequate and between 1991 and 1993 the Law Commission published a series of consultation documents. In 1995 it published a report ''Mental Incapacity'' which recommended the abolition of EPAs, noting that they could not handle health or welfare issues and assumed that a person either had mental capacity or did not. No provision existed for a partial intervention in a person’s affairs where the person concerned had part ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Power Of Attorney
A power of attorney (POA) or letter of attorney is a written authorization to represent or act on another's behalf in private affairs (which may be financial or regarding health and welfare), business, or some other legal matter. The person authorizing the other to act is the ''principal'', ''grantor'', or ''donor'' (of the power). The one authorized to act is the ''agent'', attorney, or in some common law jurisdictions, the attorney-in-fact. Formerly, the term "power" referred to an instrument signed under seal while a "letter" was an instrument under hand, meaning that it was simply signed by the parties, but today a power of attorney does not need to be signed under seal. Some jurisdictions require that powers of attorney be notarized or witnessed, but others will enforce a power of attorney as long as it is signed by the grantor. Attorney-in-fact The term ''attorney-in-fact'' is used in many jurisdictions instead of the term ''agent''. That term should be distinguished from ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Protection
The Court of Protection in English law is a superior court of record created under the Mental Capacity Act 2005. It has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity to make decisions for themselves. History The Court of Protection evolved from the Office of the Master in Lunacy, which was renamed the Court of Protection in 1947. Its jurisdiction derived from both the Lunacy Act 1890 and De Prerogativa Regis of 1324, which gave the monarch authority over the property of 'idiots' and 'lunatics'. The Court of Protection was responsible for overseeing the management and administration of the estates of individuals who were unable to manage their own affairs, by reason of unsoundness of mind or infirmity. It was an office of the Senior Courts of England and Wales, later governed by the Mental Health Act 1983. At that time the old Court of Protection was part of the old Office of the Public Guardian; the new Court of Pro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Enduring Powers Of Attorney Act 1985
Endurance (also related to sufferance, resilience, constitution, fortitude, and hardiness) is the ability of an organism to exert itself and remain active for a long period of time, as well as its ability to resist, withstand, recover from and have immunity to trauma, wounds or fatigue. It is usually used in aerobic or anaerobic exercise. The definition of 'long' varies according to the type of exertion – minutes for high intensity anaerobic exercise, hours or days for low intensity aerobic exercise. Training for endurance can reduce the ability to exert endurance strength unless an individual also undertakes resistance training to counteract this effect. When a person is able to accomplish or withstand a higher amount of effort than their original capabilities their endurance is increasing which to many personnel indicates progress. In looking to improve one's endurance they may slowly increase the amount of repetitions or time spent, if higher repetitions are taken rapid ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Law Commission
A law commission, law reform commission, or law revision commission is an independent body set up by a government to conduct law reform; that is, to consider the state of laws in a jurisdiction and make recommendations or proposals for legal changes or restructuring. The first term is prevalent in the United Kingdom, the second is prevalent in the Commonwealth, and the third one is prevalent in the United States. Work The functions of a law commission body include drafting revised versions of confusing laws, preparing consolidated versions of laws, making recommendations on updating outdated laws and making recommendations on repealing obsolete or spent laws. Law commissions often undertake projects focusing on legislation, although their mandates may be narrower or broader. List of law commissions *: Australian Law Reform Commission *: the Law Commission of Canada was established by the Law Commission of Canada Act on July 1, 1997 and was eliminated in 2006. It replaced the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mental Capacity Act 2005
The Mental Capacity Act 2005 (c 9) is an Act of the Parliament of the United Kingdom applying to England and Wales. Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. Key features of the Act The five statutory principles The five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so. Summary of other key elements of the Act * The Act makes provision for people to plan ahead for a time when they may need support. This introduces advance decisions to refuse treatment. * The decision (or question) under consideration must be time and decision specific. * The Act upholds the principle of Best Interest for the individual concerned. * A Court of Protectio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lasting Power Of Attorney
Lasting powers of attorney (LPAs) in English law were created under the Mental Capacity Act 2005, and came into effect on 1 October 2007. The LPA replaced the former enduring powers of attorney (EPA) which were narrower in scope. Their purpose is to meet the needs of those who can see a time when they will lack capacity to look after their own affairs. There are two types of LPA: health and welfare, and property and financial affairs; either or both may be created. The LPA allows them to make appropriate arrangements for family members or trusted friends to be authorised to make decisions on their behalf. The LPA is created and registered with the Office of the Public Guardian (OPG), an executive agency of the Ministry of Justice of the United Kingdom. Purpose The LPA is a specific form of the more general power of attorney which is widely used in countries which have a common law system. The word attorney in this context is someone (or in some circumstances an organisation s ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Office Of The Public Guardian (England And Wales)
The Office of the Public Guardian (OPG) in England and Wales is a government body that, within the framework of the Mental Capacity Act 2005, polices the activities of deputies, attorneys and guardians who act to protect the financial affairs of people who lack the mental capacity for making decisions about such things. It is an executive agency of the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just .... The current Public Guardian and Chief Executive of the Office of the Public Guardian is Amy Holmes, replacing Stuart Howard, who acted as interim Public Guardian from April 2022 to July 2022. The OPG was established on 1 October 2007, replacing the Public Guardianship Office (PGO). Initially located in London, most functions transferred to offices in Birmingham ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Legal Terminology
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
