Stewarts Law

A donor of a lasting power of attorney (LPA) required care to allow them to continue to live in their own home. One of the donor's attorneys lent the donor money to pay for this care. The loan agreement between the donor and the attorney provided that the loan amount would be repaid when the house was sold with 2% compound interest. The donor no longer has capacity and it has been decided that the property should be sold and the donor go into a home. What action can be taken to ensure that the donor is not prejudiced by the terms of the loan?

When can a mistake in an executed deed be rectified by a manuscript amendment rather than by a deed of rectification?

When instructed to act on a sale by an attorney under a registered lasting power of attorney, does a solicitor have to take steps to check either that the donor does not have capacity or, if the donor has capacity, that they are happy for the solicitor to deal with the attorney in connection with the sale?