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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.

When and how should you suspend an employee?

The decision of whether or not to suspend an employee suspected of misconduct can be a difficult one for many employers. If an employer suspects an employee of serious misconduct, suspension may be an appropriate step to take but only in circumstances where the employee’s presence at work would either (a) jeopardise the fairness of the ensuing investigation or (b) where their presence could pose a potential threat to the business or other employees.

Taylor Wimpey Ground Rent Review Assistance Scheme.

Taylor Wimpey has launched a Ground Rent Review Assistance Scheme. This comes following some heavy media coverage surrounding the issue of ‘doubling ground rent’.

Linder Myers announces new wave of appointments for 2018

Chris brings with him more than 30 years’ experience as a professional service marketer. He has devised and implemented high profile strategies across international organisations, such as Arval, Reed Elsevier as well RAC, and The AA.

Beat the January Blues

Anxiety, depression and stress are now the leading cause of sickness absence in the UK and an estimated 70 million working days are lost every year because of mental health. This makes mental wellbeing a central concern for all workers and their employers.

Personal Injury Award and State Funding for Care – Can you have both?

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

News bulletin: Uber data breach

A story very much in the headlines at the moment is the hacking of Uber’s computer system.

Maternity Action report reveals 1 in 20 new mothers made redundant

Maternity Action have released a report on how women are being unfairly dismissed while on maternity leave, returning from work and even during pregnancy.

Elderly Abuse – The extent of the problem.

The extent of financial abuse within families is more of a problem than may necessarily be known.

Linder Myers – Legal 500 Directory

Linder Myers is proud to feature in the Legal 500 legal directory. Each year the Legal 500 directory undertake an independent, full and comprehensive analysis of law firms across the United Kingdom in order to assess the best law firms across the country and by region.

What happens when a Company is left without officers?

A private company limited by shares is a legal entity that has no physical presence. It can only act through its directors and at least one of them must be a natural person. So what happens when the sole director of a company dies? How will the company continue to trade if there is no officer to act on its behalf?

Surety bonds: what do you need to know?

A bond is an insurance policy put in place to protect the person whom the deputyship is for.

Court of Protection and assurance visits

Once you have been appointed as deputy by the Court of Protection, as part of the Court overseeing the deputyship they may ask one of the Court of Protection visitors to meet with you for an assurance visit.

Can I be made redundant on maternity or sick leave?

What happens if, during an employee’s absence on maternity leave, an employer discovers that an employee had not been doing the work they should have been doing or, alternatively, finds that their maternity cover replacement is much better at the job?

How “cool” are you about offering a cooling-off period to your customers?

A consumer is a person who purchases goods, services or digital content for their personal use and not as part of their business, profession, trade or craft. Law considers consumers to be in a weaker bargaining position in relation to traders and therefore offers them broader protections in an effort to bring balance to the trader-consumer relationship.

Lasting Powers of Attorney – are you thinking of including specific instructions or guidance?

Specifically the Court looked at whether the provisions were valid or not. If the OPG is unsure about a certain provision included in a Lasting Power of Attorney they can make an application to Court to ask a Judge to make a ruling.

Suspending an employee: what do you need to know?

It is a practice of many employers to suspend employees who they suspect have committed an act of gross or serious misconduct.

However, many employers are unaware that by suspending an employee they may be exposing themselves to claims for constructive unfair dismissal.

Gifts by Attorneys or Deputies: when do you need permission?

For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.

Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.

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.

10 things you should know about holiday pay

Holiday pay legislation is a hot topic for many and as businesses and workers start planning leave for the summer holidays, it is essential to know the basics of holiday rights in employment.

Here are 10 key facts which you should know.

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