In a continuing series, the Law Society's practice advice service offers guidance on a range of issues
Q. I am having difficulty in locating a suitable doctor who is able to assess my elderly client's state of mind. Can you help?
A. Many people can be assessed by their general practitioner (GP), who may have a long acquaintance with the patient. Some cases may require specialist assessment and the GP may be able to refer to a relevant hospital specialist.
Some voluntary agencies, such as the Alzheimer's Society, have details of suitable local doctors. The Department for Constitutional Affairs has produced a booklet on assessing capacity with a list of relevant organisations and their contact details, see www.dca.gov.uk/family/mi/mibooklets/guide3.pdf.
Alternatively, you could try the local Mental Health Act administration office, which will be based at most local psychiatric hospitals. The office should hold a list of doctors in the area who have expertise and training in mental disorder.
However, it should be noted that capacity is issue-specific and, whichever doctor is approached, whether a GP or psychiatrist specialising in old age, the applicable test of capacity and the nature of the decision should be set out fully.
Please see the joint Law Society and British Medical Association publication, Assessment of Mental Capacity, Guidance for Doctors and Lawyers, which is available from the Law Society bookshop (tel: 020 7320 5640).
Q. Do trainee solicitors have rights of audience in tribunals?
A. Yes. In the majority of tribunals, parties can be represented by an individual of their choice, which need not be restricted to representation by a solicitor or barrister. For further information on rights of audience, please see the 'Law Society's rights of audience in civil & criminal proceedings' chart available from the practice advice service (see contact details below) and on the Web site at: www.lawsociety.org.uk.
Q. Can I reproduce the Local Authority CON29 Enquiries of a Local Authority (2002 edition) (parts I and II) on a word processor?
A. A general licence has been granted to solicitors to reproduce only the front sheets (not the actual enquiries on the reverse of the forms) of CON29 parts I and II on word processors, provided that:
Word processed forms should be on white A4 size paper of no less than 80gsm (grams per square metre) weight at a resolution of no less than 300dpi (dots per inch), in 12-point roman typeface. The local authority may reject a form which does not meet an acceptable standard of reproduction.
If solicitors wish to use their own word-processed version of the forms and, therefore, are only submitting a front sheet of CON29, they are advised to contact the authority before submitting the search.
The Law Society recommends using electronic forms through National Land Information Service channels (TransAction Online, Searchflow, TM Property) or a professionally produced version of the form from any of the following suppliers: OYEZ, Laserform, Shaw & Sons, Stat Plus, Peapod and Everyform.
Q. I have been appointed as executor in a probate matter. Are there any public registers I can search to ascertain whether there are any lost or forgotten assets which need to be realised?
A. There are four main search engines that currently exist:
You have a duty to exercise 'reasonable skill and care' in administering estates and should consider searching all of the above registers in appropriate cases.
For further information, please see article by Rachel Love, legal consultant with the UAR, entitled 'Dead money - find it, don't bury it', published in the Law Society's Probate Section Journal, issue 51, October 2005 (tel: 020 7316 5678 for information about subscription to the journal or contact the Law Society's library, tel: 0870 606 2511 for a copy of the article).
Q. I am a sole practitioner and am concerned about VAT implications for oath fees. Can you clarify the position?
A. Oath fees earned by sole practitioners or partners remain part of the turnover of the 'taxable person' and liable to VAT.
If you are liable to VAT, then the fees prescribed by the Commissioners for Oaths (Fees) Order 1993 (SI 1993/2297) are inclusive of VAT. If the deponent is also a taxable person, and asks for a tax invoice, the invoice can be of the less detailed kind described in paragraph 53 of Customs & Excise Notice 700. At the end of each accounting period, you should account to HM Revenue & Customs for the appropriate fraction of the fees received. At the current standard rate of VAT of 17.5%, the fraction is 7/47ths. Please see www.hmrc.gov.uk.
For further information, please refer to the Law Society's Execution of documents, a practical guide available from the Law Society's bookshop, tel: 020 7320 5640.
Q. I have a client who has asked me to prepare an enduring power of attorney in favour of her daughter. Does the Law Society produce any guidance notes?
A. Yes, the Law Society has produced a booklet called Enduring Powers of Attorney. This can be found on the Law Society Web site at: www.lawsociety.org.uk, or obtained from the practice advice service, see contact details below.
Q. Where can I obtain details of the various Law Society sporting and leisure groups?
A. Please telephone or e-mail the practice advice service for information.
This column is compiled by the Law Society's practice advice service, tel 0870 606 2522, e-mail: lib-pas@lawsociety.org.uk. Comments relating to the questions should be sent to Practice Advice Service Manager, The Law Society, 113 Chancery Lane, London WCA 1PL. The service endeavours to ensure that the information provided is correct but does not accept liability for error or omission. Readers should bear in mind that this publication is intended for information purposes only and should not act on the basis of the information provided without verifying it first.
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