Headnotes \\ A legal information podcast from Whitehead Monckton

Who makes the decisions when I can't? Lasting Power of Attorney and Deputyship Explained.

In this episode, Katie Broadfield and Ella from our succession team sit down to tackle a crucial but often misunderstood area of law: Deputyships and Lasting Powers of Attorney (LPAs).  Many people believe that if they lose the ability to make decisions, their spouse or "next of kin" will automatically be able to step in and manage their finances or healthcare. Unfortunately, in legal terms, "next of kin" holds no authority. Katie and Ella break down exactly what happens when capacity is lost without an LPA in place, explaining the daunting, complex, and sometimes lengthy process of applying for a deputyship through the Court of Protection. Whether you are planning for your own future, navigating a sudden accident, or caring for a child approaching adulthood who lacks capacity, this episode provides essential, jargon-free guidance to help you protect your loved ones.  What to Expect in This Episode: * What is a Deputyship? The presenters explain that a deputyship is a court order granting authority to manage the affairs of someone who has lost the mental capacity to do it themselves.  * Lasting Power of Attorney (LPA) vs. Deputyship: The episode highlights the key difference: an LPA must be made while you still have capacity, allowing you to choose who makes decisions for you, whereas a deputyship is required when it is already too late to make an LPA.  * When is a Deputyship Needed? Ella details that deputyships are often needed following a dementia diagnosis, an unexpected accident, or for young adults who have never had capacity.  * The "Next of Kin" Myth: Katie and Ella discuss the common misconception that spouses or relatives can automatically manage affairs without legal authority, warning listeners that they cannot.  * The Application Process and Timelines: The complex process of applying to the Court of Protection is broken down, including the extensive financial forms, the requirement for a recent capacity assessment, and the reality that obtaining an order can take up to 12 months.  * Professional Deputies: Katie discusses her role as a professional deputy, explaining that sometimes there is no suitable family member to step in, or relatives simply do not want the onerous responsibility of managing the accounts and reports required by the Office of the Public Guardian.  Speak to one of our friendly lawyers at Whitehead Monckton > Visit Website [https://www.whitehead-monckton.co.uk]  > Contact Us [https://whitehead-monckton.co.uk/contact-us] Find us on Social Media > LinkedIn [https://www.linkedin.com/company/whitehead-monckton-solicitors/]  > Facebook [https://www.facebook.com/WhiteheadMoncktonLimited] > Instagram [https://www.instagram.com/whiteheadmonckton/]  > YouTube [https://www.youtube.com/@WMonckton] Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

The Surrogacy Journey Uncovered with the Surrogacy Father

Welcome to Headnotes, the podcast by Whitehead Monckton that spells out the law in plain English. In this episode, we dive into the deeply personal and often complex world of surrogacy. Our host, Judith Harling-Coward, a senior family solicitor at Whitehead Monckton, sits down with Shaun Thomas, the founder and consultant at The Surrogacy Father. Shaun shares his first-hand experience of building his family of three children through surrogacy as a two-dad household. Together, they unpack the reality of the process, moving past the jargon to offer warm, practical, and highly informative guidance for intended parents. Whether you are just starting to research your options, looking at international destinations, or wanting to understand the legal pitfalls to avoid, this episode provides a foundational roadmap for your path to parenthood.  In this episode, we are covering: * The reasons why intended parents might choose surrogacy to build their family, including the desire for a biological connection.  * The unexpected factors to consider early on, such as medical care abroad, NICU costs, and potential political or immigration changes.  * Why surrogacy is a marathon and not a sprint, and the importance of professional counselling and peer support networks.  * The challenges of domestic surrogacy in the UK, including potential delays and the difficulty of finding a match.  * How to pick your surrogacy destination first by understanding both the specific surrogacy laws and the legal parentage laws in that country.  * The absolute necessity of securing two sets of independent lawyers—one in your home country and one in your destination country—to prevent bureaucratic nightmares.  * Major red flags to watch out for when vetting agencies, such as restricted communication with the surrogate, high-pressure sales tactics, or clinics performing double embryo transfers.  * The importance of having open, age-appropriate conversations with your children early on so they grow up proud of their unique conception story.  External Resources & Links Mentioned: * The Surrogacy Father (ShaunThomas): https://thesurrogacyfather.com/ Speak to one of our friendly lawyers at Whitehead Monckton > Visit Website [https://www.whitehead-monckton.co.uk]  > Contact Us [https://whitehead-monckton.co.uk/contact-us] Find us on Social Media > LinkedIn [https://www.linkedin.com/company/whitehead-monckton-solicitors/]  > Facebook [https://www.facebook.com/WhiteheadMoncktonLimited] > Instagram [https://www.instagram.com/whiteheadmonckton/]  > YouTube [https://www.youtube.com/@WMonckton] Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Going through divorce and the separating of finances

Going through a separation is emotionally challenging, and untangling your finances can often feel like a daunting, jargon-filled maze. In this episode of Headnotes by Whitehead Monckton, we are cutting through the legal terminology to demystify how finances are sorted out during a divorce.  Our Whitehead Monckton hosts, Graeme Jones (Director) and Rhia Davis (Senior Associate), are joined by specialist financial remedies barrister Stuart Snow from Pump Court Chambers. Together, they break down the entire financial timeline, the hidden value of pensions, and why taking your case out of the heavily delayed court system might save you significant time, money, and stress.  In this episode, we are covering: - The Three Stages of Financial Remedies: Understanding computation (disclosure), the Financial Dispute Resolution (FDR) appointment, and the final contested trial. - The Value of Pensions: Why pensions are often the most overlooked—yet sometimes the largest—asset in a divorce, and how Pensions on Divorce Experts (PODEs) help divide them. - Navigating Court Delays: The reality of the current court backlog, where a final hearing can take over a year to reach. - Private FDRs (PFDRs) vs. Court: The advantages of hiring a private evaluator for a dedicated day, offering more control, reduced stress, and long-term cost efficiency compared to the standard court system. - Arbitration: How opting for a private, binding trial can give you privacy and control over your financial outcome. - Sharing vs. Needs: A plain-English look at how assets acquired during the marriage are divided, and what happens to non-matrimonial assets like inheritance. Connect with our Presenters: - Graeme Jones: https://www.linkedin.com/in/graham-jones-883b0129/ [https://www.linkedin.com/in/graham-jones-883b0129/] - Ria Davis: https://www.linkedin.com/in/rhiadavis/ [https://www.linkedin.com/in/rhiadavis/] This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change. Speak to one of our friendly lawyers at Whitehead Monckton > Visit Website [https://www.whitehead-monckton.co.uk]  > Contact Us [https://whitehead-monckton.co.uk/contact-us] Find us on Social Media > LinkedIn [https://www.linkedin.com/company/whitehead-monckton-solicitors/]  > Facebook [https://www.facebook.com/WhiteheadMoncktonLimited] > Instagram [https://www.instagram.com/whiteheadmonckton/]  > YouTube [https://www.youtube.com/@WMonckton] Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Unmasking Domestic Abuse

In this important episode of the Headnotes podcast, Whitehead Monckton family team solicitors Jack Staker and Isabel Palmer sit down with Holly Broadley, Partnerships Manager at Oasis Domestic Abuse Service. Together, they break down the complexities surrounding domestic abuse and the family court system. Domestic abuse is an umbrella term that goes far beyond physical violence, encompassing coercive control, economic abuse, and psychological manipulation. This episode explores the realities of escaping an abusive relationship and how the legal system handles these sensitive cases. Whether you are a victim seeking guidance, a concerned friend, or simply interested in family law, this episode provides crucial insights into navigating one of the most challenging areas of the justice system.  In this episode, we are covering: * The broad definition of domestic abuse, including hidden forms like economic restriction and coercive control.  * An overview of Oasis Domestic Abuse Service and how they provide refuge, safety planning, and practical support to men, women, and children.  * The legal differences between Non-Molestation Orders and Occupation Orders, and how to apply for them.  * How the physiology of trauma affects a victim's memory and behavior, including responses like "fawning".  * The role of domestic abuse in divorce proceedings, financial remedy cases, and child arrangements.  * The purpose and impact of Fact-Finding hearings in family court.  * Practical and immediate steps for safety, such as changing locks and seeking emergency accommodation.  Resources Mentioned in this Episode: * Oasis Domestic Abuse Service Helpline: https://www.oasisdaservice.org/ * FLOWS (Finding Legal Options for Women Survivors) / CourtNav: https://www.flows.org.uk/ Speak to one of our friendly lawyers at Whitehead Monckton > Visit Website [https://www.whitehead-monckton.co.uk]  > Contact Us [https://whitehead-monckton.co.uk/contact-us] Find us on Social Media > LinkedIn [https://www.linkedin.com/company/whitehead-monckton-solicitors/]  > Facebook [https://www.facebook.com/WhiteheadMoncktonLimited] > Instagram [https://www.instagram.com/whiteheadmonckton/]  > YouTube [https://www.youtube.com/@WMonckton] Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.

Employment Law Shakeup: Increased Tribunal Limitation Periods

What the New Tribunal Limitation Periods Mean for Employers Joining the podcast today are Antonio Fletcher, Head of our Employment Team, and Rebecca Lister, an Employment Paralegal. While the headlines have been dominated by sweeping changes to unfair dismissal and statutory sick pay, Antonio and Rebecca sit down to discuss a major shift in how and when employees can bring claims against their employers. With the limitation period set to double to six months by October, and ACAS pre-claim conciliation times extending to 12 weeks, employers could be facing a waiting game of up to 10 months before a claim is even issued. We explore what this means for access to justice, how the current economic climate might drive up tribunal claims, and the immediate action steps your business needs to take to protect itself. In this episode, we are covering: \ The upcoming shift doubling the Employment Tribunal limitation period from three months to six months \ How the extension of the ACAS pre-claim conciliation process from six to 12 weeks impacts the timeline of claims. \ The potential for a significant backlog, with claims taking up to 9 or 10 months from the date of dismissal just to be issued. \ The economic factors such as a tightening job market that could lead to a rise in "claims of necessity" from former employees. \ Why employers urgently need to review their data retention policies to hold onto employee records for up to 18 months. \ The importance of robust internal grievance and disciplinary processes to mitigate risks before they reach a tribunal. Questions? If you have any questions about the topics discussed in this episode, or if you need straightforward legal guidance for your business, we are here to help. Connect with Antonio Fletcher on LinkedIn: https://www.linkedin.com/in/antonio-fletcher-10813067/ [https://www.linkedin.com/in/antonio-fletcher-10813067/] Connect with Rebecca Lister on LinkedIn: https://www.linkedin.com/in/rebecca-lister-b8780a234/ [https://www.linkedin.com/in/rebecca-lister-b8780a234/] Speak to one of our friendly lawyers at Whitehead Monckton > Visit Website [https://www.whitehead-monckton.co.uk]  > Contact Us [https://whitehead-monckton.co.uk/contact-us] Find us on Social Media > LinkedIn [https://www.linkedin.com/company/whitehead-monckton-solicitors/]  > Facebook [https://www.facebook.com/WhiteheadMoncktonLimited] > Instagram [https://www.instagram.com/whiteheadmonckton/]  > YouTube [https://www.youtube.com/@WMonckton] Disclaimer: This podcast provides general information and does not constitute legal advice. Timelines and regulations are subject to change.