Glossary

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A person appointed under either a Lasting Power of Attorney (“LPA”) or an Enduring Power of Attorney (“EPA”) who has the authority to make decisions on behalf of the person (“the Donor”) who made the Power of Attorney subject to any restrictions or conditions within the document.

A person’s capacity, or lack of capacity, refers to their ability to make a particular decision at the time it needs to be made.

The Code of Practice is practical guidance which supports the Mental Capacity Act. This explains how the Act operates in practice.

The Court of Protection makes decisions and appoints Deputy’s for those who lack capacity.

This is a person appointed by the Court of Protection with authority to make decisions on behalf of a person who lacks capacity either in connection with their financial matters or personal welfare matters.

A Power of Attorney created under the Enduring Powers of Attorney Act 1985 it appoints an Attorney to deal with a person’s property and financial affairs. No new EPA’s can be made but existing EPA’s will continue to be valid under Schedule 4 of the Mental Capacity Act.

This is the legal document which authorises an Administrator to administration a person’s estate who has died without making a Will.

This is the legal document which an Executor is given by the Court of Protection allowing him to proceed with the administration of an estate.

This is what happens when you die without a valid Will. A person’s Estate would be distributed according to the intestacy rules.

Intestacy Rules

icon-ms-word(1)Please click on the icon to view our Intestacy rules flowchart which explains what happens when someone dies without a valid will (intestate).

If two or more people own property as joint tenants upon the death of one the property simply passes to the survivor or survivors automatically.

A Power of Attorney created under the Mental Capacity Act appointing an Attorney to make decisions about the Donor’s personal welfare or financial affairs and property.

A Power of Attorney created under the Mental Capacity Act appointing an Attorney to make decisions about the Donor’s personal welfare or financial affairs and property.

The Office of the Public Guardian carries out duties such as supervising Deputies, keeping a register of LPAs and EPAs, investigating any complaints about Attorneys or Deputies and dealing with the registration of EPAs and LPAs.

Personal welfare decisions are those relating to a persons health, the place they live and their day-to-day activities.

This is the legal process associated with administering the Estate of the person who has died.

A persons income, savings or investments together with personal possessions such as property, jewellery and other items.

It is possible to sever a joint tenancy and create a tenancy in common by either the parties entering into a Deed of Severance or Notice of Severance being served by one owner on the other.

If two or more people own property as tenants in common they own the property in shares, i.e. 50/50, 70/30 etc. On the death of one the property does not pass to the survivor but passes in accordance with the deceased’s Will or in accordance with the law relating to intestacy.

A legal document stating a person’s wishes regarding the disposal of their property when they die.

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