News & Events
News & Events
Private Client barristers Claire van Overdijk and Alex Cisneros consider the benefits and challenges of creating a Lasting Power of Attorney during the current COVID-19 pandemic. So much has changed in the last few weeks and the legal industry is no exception. Claire and Alex provide guidance on what can be done during COVID-19, taking examples from other jurisdictions where witnessing LPAs by video link has been permitted through emergency laws. They explore where LPAs developed from and how the legal conceptualisation of substituted decision has been codified in various statutory materials. They also look at two requirements for making an LPA where mistakes are often made; providing a certificate and witnessing signatures. Finally, the article considers business LPAs as…
Covid-19 22 Apr, 2020
Alex Cisneros acted for the Office of the Public Guardian (“OPG”) in the latest guidance case before the Senior Judge of the Court of Protection, Her Honour Judge Hilder. This case involved fifteen applications where the donor of a Lasting Power of Attorney (“LPA”) had attempted to instruct their attorney to provide financial assistance and maintenance to a person other than themselves. The OPG asked for guidance from the court as to whether this was permitted or whether the instruction would fall foul of the gifting provisions within s.12 of the Mental Capacity Act 2005. The court confirmed that instructions within an LPA that provide for attorneys to use the donor’s funds to benefit persons other than the donor may…
News 23 Sep, 2019
Chambers welcomes Alex Cisneros (year of call: 2015), who joined us from No 5 Chambers as a new member on 22 July. Alex is a specialist public law and private client barrister, and a member of the Court of Protection Bar Association committee. His practice covers a wide variety of contexts concerning mental capacity, healthcare and education. Outer Temple Chief Executive, Rebecca Priestley, said “We are delighted that Alex has joined Chambers. He’s a very talented junior who will bring energy and sound, focused advice to our clients. We look forward to working with him.” To find out more about Alex’s practice, or to instruct him, please contact Graham Woods, Business Development Director.
News 30 Jul, 2019
