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The Eric Whitehead Partnership

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  • 30/03/2020

    REGISTERING ENDURING POWERS OF ATTORNEY

    By now, most people will be aware that Enduring Powers of Attorney (EPAs) were replaced by Property and Affairs Lasting Powers of Attorney (LPAs) in October 2007, but that any existing EPA executed before October 2007 remains valid. What many people do not realise, however, is that if an Attorney appointed under an EPA has reason to believe that the Donor (ie the person who appointed the Attorney under the EPA) has lost or is losing mental capacity then the Attorney is bound, by Law, to apply to register the EPA at the Office of the Public Guardian (OPG). That process involves first notifying both the Donor and the Donor’s closest relatives of the proposed application to give them all the opportunity of objecting to the registration. Once this has been done, the Attorney must make the application...
  • 30/03/2020

    PROTECTING YOUR PROPERTY FROM FRAUD

    If your property is registered, you should consider signing up to HM Land Registry’s free Property Alert service to help protect your property from fraud. Property fraud is where fraudsters try to “steal” a property, most commonly by pretending to be the legal owner and selling or mortgaging the property without the owner’s knowledge. Since September 2009, HM Land Registry has prevented 254 fraudulent applications being registered, representing properties valued in excess of £117m. Using this service a property owner can monitor their own registered property, or even the property of a relative (you do not have to own a property to set up an alert) and can choose up to 10 properties to monitor. Anyone registering with the service will receive email alerts when there is certain...