Ashley Wilson - Power of Attorney

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.

Our Power of Attorney & Living Wills Specialists

Tony Wilson

Margot Fisher

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Legal Updates

Leasehold Reform

The Leasehold and Freehold Reform Act 2024

The Leasehold and Freehold Reform Act 2024 (LaFRA) represents a significant shift in property ownership laws in England and Wales, aiming to enhance the rights of residential leaseholders, this being flat and house owners.

While it received Royal Assent on 24^th May 2024 only a few provisions were brought into effect then, and it wasn’t until the end of January that the first change relating to enfranchisement rights came into effect. This was the removal of the requirement to have owned your flat or house for two years before you could claim an extended lease or the freehold to your house.

Now a number of provisions of the LaFRA relating to the Right to Manage (RTM) have been brought

A covenant to repair is not a covenant to modernise

The Upper Tribunal’s decision in Mountview Estates Plc v W8 Property Ltd [2026] UKUT 196 (LC) provides useful guidance on the condition in which a flat is to be valued when calculating the premium payable for a statutory lease extension.

The case concerned a flat which both parties’ valuers described as “uninhabitable”. The landlord argued that the valuation should nevertheless assume that the flat had been brought up to a clean, modern and readily marketable standard because the lease required the tenant to keep it in “good tenantable repair”.

Right To Manage

The Upper Tribunal (Lands Chamber) has provided clarification on the meaning of a “self-contained building” for the purposes of the right to manage (“RTM”) under the Commonhold and Leasehold Reform Act 2002 (“CLRA 2002”).

The decision is particularly significant in light of that expansion of the RTM regime. Since 3 March 2025, leaseholders in mixed-use buildings have been able to exercise the right to manage where the non-residential element comprises up to 50% of the building’s internal floor area, compared with the previous 25% threshold.

Powers of Attorney & Living Wills