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Powers of Attorney & Living Wills

Powers of Attorney & Living Wills

Power of Attorney & Living Wills

When someone loses the capacity to deal with their own affairs, it can be very distressing for them and those closest to them. If those closest are unable to assist because they have no legal authority to act, it can only add to the strain. In such a case, an application will need to be filed with the Court of Protection so that an appropriate order is obtained. The process involved is lengthy and will come at a considerable expense.

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Lasting Powers of Attorneys

Property & Affairs Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s property and financial affairs.

To make a Lasting Power of Attorney is a complicated and lengthy process and it must adopt a strict legal format. Once this document has been signed by everyone concerned, it must be sent off to the Office of Public Guardian for registration, otherwise, the attorney has no authority to act.

Enduring Powers of Attorney

Personal Welfare Lasting Power of Attorney.

Power is given to the attorney(s) so that decisions can be made about one’s healthcare and personal welfare. These decisions can only be taken if he or she lacks mental capacity, and may include decisions on whether to accept or refuse ‘life sustaining treatment’.

Enduring Powers of Attorneys were available up to the 1st October 2007, when they were replaced by Lasting Power of Attorneys. Enduring Powers of Attorneys made before this date remain valid but if your loved one has lost mental capacity, then the appointed attorney(s) will need to apply to the Office of the Public Guardian and register the Enduring Power of Attorney.

Living Wills

A Living Will is a legal document which sets out in clear terms what medical treatment you would or would not wish to receive if you ever became incapacitated. This document does not allow you to appoint others to make such decisions on your behalf. It is strongly recommended that you provide your GP with a copy of your Living Will so that it is placed alongside your medical records.

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Legal Updates

Landlords attempt to defeat right to manage claim fails - Brickfield Properties Ltd v Oakwood Court Blocks 9 & 10 RTM Company Ltd [2026] UKUT 133 (LC)

In Brickfield Properties Ltd v Oakwood Court Blocks 9 & 10 RTM Company Ltd [2026] UKUT 133 (LC), the Upper Tribunal (Lands Chamber) has provided welcome clarity on one of the more technical hurdles in multi-block Right to Manage (RTM) claims: whether services can be said to be “independent” for the purposes of section 72(4) of the Commonhold and Leasehold Reform Act 2002.

The right to manage is often perceived to be a low-cost alternative to acquiring the freehold collectively by participating flat owners.

Government Publishes Roadmap for Implementing the Renters’ Rights Act 2025

The Ministry of Housing, Communities and Local Government (MHCLG) has now published its much-anticipated roadmap for implementation of the Renters’ Rights Act 2025 (‘The Act’), confirming how – and when – the biggest reform of residential tenancy law in a generation will take effect.

The changes – such as the abolition of section 21 no-fault evictions and assured shorthold tenancies (ASTs) – will be introduced in phases starting in May next year, with significant practical consequences for residential landlords and tenants, managing agents, and investors alike. This article outlines the key changes and implementation dates below.

Understanding the Renters (Reform) Bill: An Overview of Likely Changes

Following its Third Reading in the House of Lords on 21 July 2025, only minor drafting amendments were made to the Renters (Reform) Bill (‘the Bill’), signalling the Lords’ broad approval of its substance.

If the Bill is given Royal Assent in its current form — with no last-minute policy reversals when it returns to the Commons on 8 September 2025 — it will mark the most significant overhaul of tenancy law since the Housing Act 1988.

This article outlines the key reforms envisaged by the Bill to help landlords, tenants, and investors prepare for the changes ahead.