| 1 | Care costs: overview This is an overview of the types of care available for those unable to meet their own needs and the funding available for that care. | Practice note: overview | 25-Jan-2012 |
| 2 | Deputyship toolkit A toolkit of PLC Private Client's materials and links to statutory forms and guidance for deputies. | Practice note: overview | Maintained |
| 3 | Doorstep selling: overview An overview of the law on doorstep selling in the UK contained in the Cancellation of Contracts made in a Consumer's Home or Place of Work etc Regulations 2008 (SI 2008/1816). | Practice note: overview | Maintained |
| 4 | Guarantees and indemnities This practice note examines legal and drafting issues relating to guarantees and indemnities where the obligations of a third party are guaranteed and/or indemnified. This practice note considers the legal distinctions between primary obligations (indemnities, performance guarantees, performance bonds) and secondary obligations (guarantees). It provides an overview of relevant contractual issues relating to guarantees and indemnities (the statute of frauds, capacity) as well as legal issues (undue influence, duress, role of directors). It also provides links to our more detailed content on performance bonds, payment guarantees, comfort letters and our standard form guarantees and indemnities. | Practice note: overview | Maintained |
| 5 | LPA and EPA toolkit A toolkit of PLC Private Client's LPA and EPA materials and links to statutory forms and guidance. | Practice note: overview | Maintained |
| 6 | Advance decisions This note examines the law and best practice when making an advance decision to refuse medical treatment (ADRT). Before the Mental Capacity Act 2005 came into force, advance decisions were sometimes referred to as advance directives or living wills. | Practice notes | Maintained |
| 7 | Assessing mental capacity This practice note explains the test for mental capacity under English law. | Practice notes | Maintained |
| 8 | Enduring powers of attorney This practice note outlines the requirements for enduring powers of attorney (EPAs). Since 1 October 2007, it has not been possible to create new EPAs but EPAs created before 1 October 2007 continue to be valid. Lasting powers of attorney (LPAs) replaced EPAs from 1 October 2007. For more information on LPAs, see Practice note, Lasting powers of attorney. | Practice notes | Maintained |
| 9 | Interest rates A list of current interest rates that are useful for private client practitioners, with links to earlier rates. It includes interest on pecuniary legacies and the statutory legacy, interest on tax paid late and overpaid, Court Funds Office rates, the Bank of England base rate and the official rate of interest (used to calculate the taxable benefit from beneficial loans and pre-owned assets). | Practice notes | Maintained |
| 10 | Lasting and enduring powers of attorney: disclosure of donor's ... A note examining an attorney's rights to see the will of a donor of a lasting power of attorney (LPA) or enduring power of attorney (EPA). Explains that an attorney has no right to see the donor's will without the donor's consent if a duty of confidentiality is present; when a duty of confidentiality arises; how the donor may be able to authorise disclosure when he has capacity; what options are available if an incapable donor has not authorised disclosure; and what happens when the donor dies. | Practice notes | Maintained |
| 11 | Lasting powers of attorney This Practice note explains the regime of lasting powers of attorney (LPAs), which was introduced by the Mental Capacity Act 2005 on 1 October 2007, including: How to make an LPA. The formalities for registering an LPA. Guidance for third parties when relying on an LPA. From 1 October 2007, LPAs replaced enduring powers of attorney (EPAs) as the primary way of appointing a decision maker to act on a donor's behalf in the event of a loss of mental capacity. LPAs can authorise an attorney to make decisions about the donor's personal welfare, as well as decisions about their property and affairs. | Practice notes | Maintained |
| 12 | Lasting powers of attorney: acting under an LPA This note explains the duties of attorneys acting under both health and welfare and property and financial affairs lasting powers of attorney. Please note: The titles of the new prescribed forms to use when making a property and affairs LPA or a personal welfare LPA are "lasting power of attorney - property and financial affairs" and "lasting power of attorney - health and welfare " as a result of the Lasting Powers of Attorney, Enduring Powers of Attorney and Public Guardian (Amendment) Regulations 2009 (SI 2009/1884). However, this practice note has retained the terms used in the Mental Capacity Act 2005 (that is property and affairs LPA and personal welfare LPA). | Practice notes | Maintained |
| 13 | Lasting powers of attorney: health and welfare This note explains what a health and welfare lasting power of attorney (LPA) is, the types of decisions that can be made through a health and welfare LPA and powers and limitations of an attorney under a health and welfare LPA. | Practice notes | Maintained |
| 14 | Lasting powers of attorney: property and financial affairs This note explains what a property and financial affairs lasting power of attorney (LPA) is, the types of decisions that can be made under a property and financial affairs LPA and the powers and limitations of an attorney under a property and financial affairs LPA. | Practice notes | Maintained |
| 15 | Lasting powers of attorney: registration This note provides guidance on when to register a lasting power of attorney (LPA), who can register an LPA and how to register an LPA. | Practice notes | Maintained |
| 16 | Office of the Public Guardian and Court of Protection ... This practice note contains links to the Mental Capacity Act 2005 and accompanying code of practice and to the most commonly-used forms and guidance in connection with the creation and registration of lasting powers of attorney, as well as the registration of enduring powers of attorney. The note also contains links to the Court of Protection rules, guidance and cases. | Practice notes | Maintained |
| 17 | Parental responsibility: what is it and who has it? A practice note explaining the meaning of parental responsibility for children, who has parental responsibility and how it ends, with examples. | Practice notes | Maintained |
| 18 | Personal injury trusts: overview A practice note explaining how personal injury trusts can be used to hold damages while preserving eligibility for means-tested benefits. Capital and income disregards, types of trust and periodical payments are discussed. | Practice notes | Maintained |
| 19 | Powers of attorney This practice note examines powers of attorney, in particular, general powers of attorney and their commercial application. It includes links to standard documents for general powers of attorney and specimen execution clauses. For further details on other types of powers of attorney, see Practice note, Lasting powers of attorney and Practice note, Enduring powers of attorney. | Practice notes | Maintained |
| 20 | SRA Handbook 2011 and Code of Conduct: issues for private ... From 6 October 2011, solicitors must comply with the Solicitors Regulation Authority (SRA) Handbook, which includes the SRA Code of Conduct and the SRA Accounts Rules. This note looks at aspects of the SRA Code of Conduct and Accounts Rules that are of particular interest to private client lawyers. Warning: this note is not a substitute for reading the SRA Handbook 2011. | Practice notes | Maintained |
| 21 | Statutory wills A practice note explaining the Court of Protection's jurisdiction to order the execution of a will, the factors the court takes into account in ordering the execution of a will, and the procedure to follow to obtain an order for execution of a will. It is based on the law under the Mental Capacity Act 2005 and does not cover issues relating to wills executed before the commencement of that Act on 1 October 2007, except where indicated.To view Jennifer Haywood's profile, click here. | Practice notes | Maintained |
| 22 | Thirty Nine Essex Street Court of Protection newsletters and ... This practice note contains links to the Court of Protection newsletters and notes produced by Thirty Nine Essex Street, which provide summaries, comments and guidance on recent Court of Protection cases and developments. | Practice notes | Maintained |