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Law news

Application process for lasting power of attorney legislation could move online

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The application process for lasting powers of attorney may become available online if plans recently announced by the Ministry of Justice (MOJ) are approved. Power of attorney is the authority to make decisions on behalf of someone else, usually if their capacity to do so themselves becomes impaired by illness, age or disability. Under the Mental Capacity Act 2005 there are two kinds of power of attorney: • Ordinary power of attorney: usually used for people who need temporary help (for example, during a stay in hospital); and • Lasting power of attorney (LPAs): formally known as ‘enduring powers of…

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Brother and sister remain habitually resident in England and Wales, High Court rules

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A brother and sister who have been living with their grandfather and aunt in Libya for almost two years remain legal residents of the UK, the High Court has ruled. Both parents are Libyan citizens, and both come from wealthy families. After marrying in 2007 they moved to the UK to attend university and start a family. Their son and daughter are now aged 12 and 13 respectively. In addition to being British citizens, the children also hold Libyan citizenship thanks to their parents. In 2020, the father travelled back to Libya with the children to visit his family. Sitting…

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Crown Prosecution Service highlights domestic abuse stereotypes

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There is no typical victim of domestic abuse, the Crown Prosecution Service (CPS) has declared in newly published guidance for prosecutors. In an announcement accompanying the document, the CPS stressed that, contrary to stereotype, both men and women could be victims. According to CPS domestic abuse lead Kate Brown: “Many people seem to have a fixed idea about what a domestic abuse victim looks like and what their circumstances are. They are wrong. This is a crime which affects both men and women from every walk of life. But these damaging misconceptions can have a real impact on a case…

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Court of Appeal declares findings against father ‘unsafe’

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Findings of abuse and assault made against the father of three children were unsafe, the Court of Appeal ruled. The children – twin boys aged nine and their 12-year-old sister – saw their father regularly following the breakdown of the parents’ marriage in 2017, regularly staying overnight at his home. But then arguments between the parents began and the 12 year-old refused to continue seeing her father. In June 2019 the father threatened legal proceedings and the mother began to restrict the time the twins spent with the father to daytime visits. The father applied for a child arrangements order:…

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