A client has asked how they can make provision for any minor children if a parent loses capacity? Obviously they can appoint guardians under a Will, but I can’t see that a LPA can assist, unless minor children are not natural persons and thus ‘property’?
Iain Cameron
Acer Legal
Maintenance of your family isn’t a gift. The attorney can carry on supporting the children from the donor’s funds.
Lorna Sansom
Blandy & Blandy LLP
Could an LPA not assist? Maintaining the donor’s minor children can be in the donor’s best interests. Heywood & Massey covers the point at 10-003. The cases are Re JG [2017] EWCOP 10, and Re Various Lasting Powers of Attorney [2019] EWCOP 40
Josh Lewison
Radcliffe Chambers
Thanks Josh, most helpful .
Regards
Iain Cameron
Director and Head of Legal
Acer Prime Law Ltd
