User talk:CEdward1
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Robert McClenon (talk) 09:04, 5 July 2017 (UTC)Business Lasting Powers of Attorney
[edit]Hi CEdward1. Many thanks for your contributions to Wikipedia. This is much appreciated. I realised you recently created an article about Business Lasting Powers of Attorney. I noticed we already have an article that describes Lasting powers of attorney. The business lasting power of attorney is effectively a sub-category of that dealing with the nuances or business owners becoming incapacitated. Many of the general legal considerations are the same. I have added some references to your text and expanded a little bit. Then I have merged the two articles to avoid duplication. If you have any questions, please let me know. pseudonym Jake Brockman talk 07:06, 26 August 2017 (UTC)
Jake
Hi
I'm still in the process of writing the business LPA article. I wrote the Law Society's textbook on lasting powers of attorney so I thought it would be useful to separate out the different varieties.
I'm still a very new writer on Wiki so any help re editing would be useful. I was trying to write it in my sandbox, then let it go live. I've lots more to write.
Craig Ward
Something also these lines
Contents
Business LPAs History of Business LPAs Usage in England and Wales Scottish Continuing Powers Global usage of Enduring Powers of Attorney
Business LPAs
Craig Ward is author of the Law Society’s textbook on Lasting Powers of Attorney 3rd Edition (2016) and solicitor at Edward Young Solicitors.
History of Business LPAs
Business LPAs stem from research conducted by Craig Ward in 2010 [REF] whilst working on, ‘Can Practitioners spot a Client who lacks capacity?’ Private Client Adviser, December 2011 (Vol 17:2). Craig Ward considered what happens when a solicitor lacks capacity. Applying Sch. 6 para. 22 of the amendments made by the Mental Capacity Act 2005 to the The Solicitors Act 1974, the Law Society may intervene in solicitor’s practice. (This has now become the Solicitors Regulation Authority intervening). Effectivley preventing that solicitor from practicing to protect their clients, which if a sole practitioner would closes their business.
If however this person was a pharmacist lacking capacity and running a business the Mental Capacity Act 2005 makes a clear provision for an attorney or deputy to be appointed for them to carry on running their business, even if they lack mental capacity. They cannot act as the Pharmacist, but can run the business.
The amendments made by Sch. 6 para. 14 Mental Capacity Act 2005 to section 72 1(c) Medicines Act 1968 read as follows,
He [the pharmacist ] becomes a person who lacks capacity (within the meaning of the Mental Capacity Act 2005) to carry on the business,…
After subsection (1) insert (1A) In subsection (1)(c), the reference to a person who lacks capacity to carry on the business is to a person
(a) in respect of whom there is a donee of an enduring power of attorney or lasting power of attorney (within the meaning of the Mental Capacity Act 2005), or
(b) for whom a deputy is appointed by the Court of Protection, and in relation to whom the donee or deputy has power for the purposes of this Act.
and a representative of his thereafter carries on his business.
Section 69(1) Medicines Act 1968 says,
…a person carrying on a retail pharmacy business shall be taken to be a person lawfully conducting such a business if,
Section 69 1(c)
that person is a representative of a pharmacist,…
The Medicines Act 1968 can be found at http://www.legislation.gov.uk but the above amendments need to be added to it.
Craig Ward considered, if a pharmacy business can continue, why cannot a solicitor’s business. If an LPA or deputyship is put in place then the business would continue preventing the Law Society and now the Solicitors Regulation Authority intervening and closing the sole practitioner practice down. This is not to say there may be other reasons for such an intervention which may result in the practice ceasing trading.
Under the Mental Capacity Act 2005 section 18(d) the Court of Protection can appoint a deputy on behalf of someone (referred to as P) who lacks mental capacity. Section 18(d) refers to the deputy (the person appointed) as,
…carrying on, on P’s behalf, of any profession, trade or business;
This means the deputy can make business decisions on behalf of the business owner who lacks capacity.
Equally following the Mental Capacity Act 2005 section 9 1(b) says an attorney (person chosen by the business owner) can be appointed by the donor (business owner) to make,
property and affairs or specified matters concerning P’s property and affairs, The business owner can either make a business lasting power of attorney themselves or let the Court of Protection appoint a deputy on their behalf.
an attorney (person chosen by the business owner) can make business decisions for the donor (business owner) who now lacks mental capacity.
Craig Ward, solicitor
- Hi Craig! You may notice I found your book when I researched sources about BLPAs and referenced it in the new section. From a Wikipedia perspective, the suggested text as it is presented above raises a number of questions or concerns. Let me go through them one by one. i) Wikipedia requires articles to be neutrally written (WP:NPOV) without undue prominence. If the article is about BLPAs, it should neutrally examine all aspects, reference a multitude of sources and not rely to much on a single source, which in this case may be your research. ii) The wording leaves some ambiguity if the subject is being discussed or a book or law firm is being given prominence. Notable books and firms can have their own articles if they meet certain criteria (see WP:N) and are discussed neutrally. However, I may have concerns that the article could touch Wikipedia's policy on promotion. iii) there may be conflict of interest concerns if articles are sourced from own work or original research of the author. The latter point is tricky. Wikipedia welcomes (and needs) subject matter experts giving input to make articles useful. However, any edits should be within the 5 pillars of Wikipedia. In essence, I would suggest a rewrite of the article, referencing current law, possible public debate (taken from law journals or newspapers) and - if applicable - high court decisions as much as possible, in addition to a variety of textbooks on the topic. I hope this helps. pseudonym Jake Brockman talk 08:09, 26 August 2017 (UTC)
Jake
Hi
The whole article will take a few days to write, this is just one small part which references English and Welsh legislation. I'm not planning on extending the same degree of detail to Scottish legislation quotes at this point.
The feedback I'm getting from the training courses I run on this, (see MBL who is a legal training provider) seems to suggest a little more academic background would be useful. Yet at the same time something which gives the non-lawyer reader access to the materials as well.
As I said, I'm still writing and would value comments as these help writers, write. I was intrigued to see something from www.thegazette.co.uk. Retrieved 2017-08-26. I'm told I'm the only one doing the research on this. I've had numerous people come on my courses who then write things about it. Of course without referencing where they got the information and ideas from could raise other questions.
Craig Ward, solicitor
- I'd suggest to create an article in the WP:DRAFT user space or your personal sandbox. A reviewer can then help check the article before moving it into the main article space. This is often the better option compared to creating directly in the main space and expanding on it. Please keep in mind, Wikipedia is not a "how to" or textbook, so materials should not resemble course or lecture notes or legal position papers such as often published by law or consulting firms. Regards, pseudonym Jake Brockman talk 16:29, 26 August 2017 (UTC)
Jake
Hi
Good idea. I think I've found out how to do it.
Craig
Jake
Hi
I've had a go at writing Business Lasting Powers of Attorney (with an 's'0. I could not get it to work as Business Lasting Power of Attorney (no 's') so I've called it Business and Commercial Lasting Powers of Attorney. I think on reflection it might work better as just 'Business Lasting Powers of Attorney' except I'm not sure how to amend this. Suggestions please.
Craig
The article Business and commercial lasting powers of attorney has been proposed for deletion because of the following concern:
Not written in the form of an encyclopedic article. Would require a fundamental rewrite to be an encyclopedic article. No context. No properly formatted references.
While all constructive contributions to Wikipedia are appreciated, pages may be deleted for any of several reasons.
You may prevent the proposed deletion by removing the {{proposed deletion/dated}} notice, but please explain why in your edit summary or on the article's talk page.
Please consider improving the page to address the issues raised. Removing {{proposed deletion/dated}} will stop the proposed deletion process, but other deletion processes exist. In particular, the speedy deletion process can result in deletion without discussion, and articles for deletion allows discussion to reach consensus for deletion. Robert McClenon (talk) 05:55, 29 August 2017 (UTC)
Robert
Good morning.
I'm now to writing on wikipedia. Happy for suggestions as to more acceptable wikipedia style. I write law books which may have quoting style different conventions. In the alternative, I may need some help with adding the right functions.
Also how do I remove the deletion date?
Craig Ward, Baron of Lundie
CEdward1 (talk) 06:28, 29 August 2017 (UTC)
- Hi CEdward1, or should I tell Sir? Not all the time you address Baron in person :). Anyway, I suggest you to work on the article in the Draft space. I will move it for you. And since you're are new, when article is ready, you may use WikiProject Articles for creation process to avoid unnecessary deletes. Arthistorian1977 (talk) 07:30, 29 August 2017 (UTC)
Hi
Most people call me Craig except my mother in law who calls me Craig Edward when I've done something wrong :) Thank you, I will work at the article. I think it does need to be more informative and I'm not intending it to be just about me. Although as I developed the area of law, this might be tricky.
Craig
CEdward1 (talk) 07:39, 29 August 2017 (UTC)
Message
[edit]I have left you a message on my talk page. You can respond there or respond here, but I will notice quicker if you respond on my page. Α Guy into Books™ § (Message) - 13:11, 11 September 2017 (UTC)
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Your draft article, Draft:Business and commercial lasting power of attorney
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Hello, CEdward1. It has been over six months since you last edited the Articles for Creation submission or Draft page you started, "Business and commercial lasting power of attorney".
In accordance with our policy that Wikipedia is not for the indefinite hosting of material deemed unsuitable for the encyclopedia mainspace, the draft has been nominated for deletion. If you plan on working on it further, or editing it to address the issues raised if it was declined, simply and remove the {{db-afc}}, {{db-draft}}, or {{db-g13}} code.
If your submission has already been deleted by the time you get there, and you wish to retrieve it, you can request its undeletion by following the instructions at this link. An administrator will, in most cases, restore the submission so you can continue to work on it.
Thanks for your submission to Wikipedia, and happy editing. Legacypac (talk) 17:16, 9 March 2018 (UTC)