A Power of Attorney (POA) is a legal document that allows an appointed person (the attorney) to make decisions for another person (the donor), where the donor needs help managing their affairs or they are no longer able to make their own decisions. If you have been asked to act as an attorney by a prospective donor, or you have already been appointed as an attorney and the time has come for you to make decisions on their behalf, the following article looks at frequently asked questions about Powers of Attorney. Power of Attorney meaning: When will I be required…
Gill Laing
Gill Laing
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
If you want to create a Lasting Power of Attorney you will need to know which forms to fill in and what to do next. The following guide looks at which Lasting Power of Attorney forms you will need to complete and how the whole application process works in practice. What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) is a legal document that allows you to appoint trusted people to make decisions on your behalf in the event that you are finding it difficult or impossible to manage your own affairs. These decisions…
The following guide looks at the Power of Attorney refund scheme, the eligibility criteria and how to apply. If you applied to register a Power of Attorney (POA) between 2013 and 2017 you may be entitled to some of your money back. The Ministry of Justice has set up a scheme to give a partial refund to anyone who registered a POA between 1 April 2013 and 31 March 2017. What is the Power of Attorney refund scheme? When you register a Power of Attorney, you are charged an application fee, set by the Ministry of Justice and paid to…
If you are concerned about the ability of a relative or friend to manage their own affairs or to make their own decisions, where you may need to step in to act on their behalf, there may still be time to make a Power of Attorney (POA). There may be all sorts of reasons why a person needs your help, for example, they are temporarily ill and unable to leave the house, or perhaps because they have been diagnosed with a progressive illness that is likely to affect their mental capacity in the future. In some cases you may be…
There are three different types of Power of Attorney: Ordinary Power of Attorney; Lasting Power of Attorney and Enduring Power of Attorney. We look at the factors determining which Power of Attorney will be appropriate for your circumstances. What is a Power of Attorney? A Power of Attorney (POA) is a legal document that enables you to appoint someone, or more than one person, to make decisions on your behalf in the event that you lose the mental capacity to do so yourself. A POA can also be used if you temporarily need help managing your financial affairs,…
Employment law professionals are reporting increases in maternity and paternity related discrimination claims in the last 12 months, according to research by Direct Line Insurance. Issues have included women claiming they were dismissed when on maternity leave, men claiming harassment and demotion on their return to work after taking paternity leave and more instances of non-disclosure agreements (‘gagging orders’) being used following pregnancy and maternity related disputes. Parents are protected from unfair treatment during pregnancy and maternity or paternity leave under the Equality Act 2010. Under law, by the end of the first 26 weeks of maternity leave (known as…
The Government has announced the introduction of a new register of retail landlords. In an effort to boost commercial leases within high street retail, the register is intended to speed up the leasing process by making it easier for prospective tenants to identify owners of high street properties. According to research by Estates Gazette looking at 22 main shopping streets in 11 UK cities, nine different categories of ownership exist. Over 20% of properties were owned by property investment trusts, 17% by overseas investors and only 5% by retail and leisure occupiers. Other owners included public sector owners, private individuals,…
The number of disability discrimination claims brought to employment tribunals increased last year by 37%, from 4,770 claims in 2017 to 6,550 in 2018. According to Ministry of Justice figures, this growth rate is eight times that of all tribunal claims, which rose by 4% over the same period. Experts are attributing the rise in disability discrimination claims to a number of factors, including the removal of tribunal fees in 2017, increased awareness among workers that mental ill health could be classed as a disability under the Equality Act and that employees are more willing to pursue claims relating to…
A new law has come into force to provide motorists with greater protection from rogue private parking companies. The Parking (Code of Practice) Act 2019 took effect today with the aim of bringing to an end unfair parking charges and fines. Under the new legislation, private parking companies face enhanced regulation and are now required to follow a single industry Code of Practice New standards for private parking industry Prior to the new rules, the private parking sector had been largely self-regulating, with two different parking trade associations, the British Parking Association and the International Parking Community, operating with their…
According to figures from the Health & Safety Executive (HSE), 44% of stress or depression at work is caused by high workload. The HSE figures also show 23% of full-time employees admit to feeling burned out at work all the time. In 2017 alone, the HSE estimates around 15.4 million working days were lost due to work-related stress or anxiety. Employers have a legal duty to protect employees from stress at work. As the government agency responsible for workplace health, safety and welfare, the HSE is working to reduce work-related stress through “communication, partnerships, regulatory work in the highest-risk sectors and evidence-based…
Apple and Qualcomm have brought their global patent and licensing battles to an end with an out of court settlement. A joint statement yesterday confirmed that an agreement had been reached to dismiss all ongoing litigation between the two companies worldwide, including with Apple’s contract manufacturers. The settlement includes a payment of royalties from Apple to Qualcomm, details of which were not provided. The companies also have signed a six-year global patent license agreement, taking effect 1 April 2019, with a two-year option to extend and a multiyear chipset supply agreement. What was in dispute? The dispute began in 2017…
A gas leak on a North Sea platform is being investigated by the Health & Safety Executive (HSE). In a statement, the HSE said an 80kg gas release had been reported, and the incident was under investigation. The incident took place on the Alba Northern installation 130 miles (210km) north east of Aberdeen on 3rd February this year. The platform is operated by Chevron, who confirmed there were no injuries or evacuations and that it is cooperating with the HSE’s investigation. The leak comes after the HSE wrote to all North Sea operators last year expressing concern about continued hydrocarbon…
Facebook has been granted a patent in the US for technology that enables the social media company to pass on users’ photographs to advertisers for use in online ads. The technology is referred to within the patent documentation as ‘computer-vision content detection for sponsored stories’. It can detect and tag images people have uploaded that include specific branded items such as food and drink. Once tagged, Facebook would then pass those images on to relevant advertisers for the brand to parlay into ads that other Facebook users would see. According to the patent application, these ‘sponsored’ or ‘promoted’ stories will…
Increasing numbers of UK innovators are filing patent applications with the European Patent Office (EPO), according to the EPO’s latest report. 5,736 patent applications were received by the EPO from UK applicants last year, representing a 7.8 per cent increase on the previous 12 months. Patent applications to the EPO as a whole have increased by 4.6% on the previous year. While the figures show growth from the UK market, the country remains behind European competitors such as France and Germany. Germany saw a 4.7% increase in EPO filings over the same period, whereas applications from France declined by 2.8%.…
The charging scheme imposed on farm businesses found to be in breach of health and safety legislation has increased today by almost 20%. The Health & Safety Executive (HSE) is able to recover the ‘Fee for Intervention’ (FFI) where a farm business is investigated and subsequently found to be in breach of health and safety legislation. The hourly rate on which the fee is calculated has now risen to £154 per hour. The FFI includes all HSE costs in relation to the investigation, from initial identification of the breach, investigative and enforcement action and any follow-up required to support the…
Ticketmaster is facing a £5 million claim following a major data breach of its UK websites last year. More than 650 customers affected by the security breach are taking legal action against the ticket sales company. Up to 40,000 UK Ticketmaster customers are believed to have had “some personal or payment information” stolen following the data security breach. Customer data potentially accessed included addresses, phone numbers, payment info and login details. Those affected are said to be mainly in the UK and had bought tickets from the main Ticketmaster UK website or sister sites TicketWeb or Get Me In! between…
Regulation of Claims Management Companies has, from 1st April 2019, been transferred from the Claims Management Regulator to the Financial Conduct Authority (FCA). Claims management companies in England, Scotland or Wales will now have to apply to the FCA for authorisation and adhere to a new set of industry rules. Claims management companies charge to handle consumer compensation claims, including personal injury, mis-sold financial products and section 75 credit refunds. Under the new rules, consumers can now complain to the Financial Ombudsman Service if they are dissatisfied with the service or conduct of CMCs. The decision to transfer regulation to…
New rules governing commercial property service charges come into force today. In its ‘service charges in commercial property’ professional statement, the Royal Institution of Chartered Surveyors (RICS) introduces new mandatory requirements on all of its members and relevant RICS-regulated firms. The new standards have the aim of ensuring charges are both fair on tenants and that there are no hidden costs, while covering the maintenance and upkeep of landlords’ properties. Consistency in practices will also make it easier for tenants to compare service charges on different commercial buildings. Guidance on dispute resolution is also provided although it is hoped greater…
New car safety rules agreed by the European Union will see automatic speed limiters become standard features in all new vehicles from 2022. All new cars sold in the EU are to be fitted with intelligent speed assistance technology to stop drivers exceeding speed limits. Intelligent speed assistance (ISA) limiters work by using road sign recognition cameras inside the cars, alongside GPS data, to detect speed limits. If the vehicle is exceeding the limit, the limiter will sound an alarm and slow down the vehicle by automatically regulating power to the engine and adjusting the top speed. The driver can override the…
The Employment Appeal Tribunal has ruled that personal injury compensation is available to employees for breaches of in-work rest break entitlements under the Working Time Regulations (WTR) 1998. In Grange v Abellio London Ltd, the EAT upheld the tribunal’s award of £750 to the employee following the employer’s failure to comply with the WTR to provide rest breaks. The decision confirms that personal injury resulting from a breach of the WTR can lead to compensation for employees. Injury to feelings awards, however, remain beyond the scope of the WTR, following the Court of Appeal’s decision in Santos Gomes v Higher…