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Attorneys and their authority to make gifts

The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
When you are appointed as attorney the question will sometimes arise about gifts and whether they can be made on behalf of the person who lacks capacity. The authority of an attorney to make gifts is laid out on s.12 of the Mental Capacity Act 2005. In short the authority to make gifts is limited to customary occasions for those connected with that person or to a charity, all the while being a reasonable size when looking at what assets that person has and what they would usually gift.

BBC breakfast bulletin: The right to be forgotten

One of the lead stories on BBC 1 Breakfast this morning was about the overhaul of UK data protection laws.

British citizens will soon have more rights to control what is done with personal information about them. The UK data protection watchdog is also to get new powers and will be able to levy higher fines.

Care Home contracts

The law provides greater protection for consumers when they enter into contracts with businesses than it does when businesses contract with other businesses.

Residential care home clients are invariably “customers” and not businesses. So these additional protections need to be kept in mind when drafting and preparing the contractual terms which are to govern the relationship between the residential care home and its residents.

Cross-border capacity issues

As a background to this cross-border capacity case, P lived in Portugal with his sister. The Court had ordered that P was to return to the UK, where he was from, however his sister disagreed with this Order.

This was an appeal for which the Court had to consider whether the original Order made was a good way of getting him back to the UK. They also had to look at whether returning to the UK was still in P’s best interests.

Reasons to review your Will

A Will should be reviewed every three to five years. It must reflect your current circumstances and take into account any changes in your life and the current law.

We list eight common reasons to review your Will.

timeshare
Timeshare FAQ’s

Our team of specialist timeshare solicitors regularly act on behalf of individuals in dispute with various timeshare resorts. What is Linder Myers’ success rate? Each client’s circumstances are different, involving different facts and resorts, therefore we cannot comment on individual cases without carrying out an initial assessment. You should be reluctant to deal with anyone…

Are you protected by your Terms & Conditions?

Contracts are the lifeblood of any business. You cannot sell a good or a service without one. Every business has to contract if it is to survive and succeed.

Despite this reality, often not nearly enough attention is paid to making sure that appropriate terms and conditions govern the contracts that are entered into.

Advice for landlords on new EPC Minimum Energy Efficiency Standards

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on the 26th March 2015. They introduced a change in the law whereby from the 1st April 2018, it will be unlawful to privately let residential and commercial properties with an EPC rating of ‘F’ or ‘G’, unless one of the exemptions detailed below applies.

It is important to note that the Regulations will not apply to properties that are not required to have an EPC or where a property is let for a period of less than six months or for a term of more than 99 years.

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