Elderly clients often have specific needs which can be met by the team in our Wills, Trust and Probate Department; below are examples of the kind of services we can offer.
Solicitors for the Elderly
Two of the firm's solicitors, Andrew Robertson and Mark Stubberfield, are full professional members of Solicitors for the Elderly (
Not just any lawyer can be a member of
For more information on Solicitors for the Elderly, take a look at:
Care Home Fees
If a family member has to go into a care home we can advise you on the financial assistance from the Local Authority and NHS that may be available. The Local Authority is under a duty to assist in the payment of care home fees if someone’s assets fall below a prescribed level. There are also detailed rules in relation to whether someone’s home should be used to fund the fees.
If someone’s care needs are severe, it may be that the local NHS Trust will fund the care needs.
We can also assist in challenging a decision made by the Local Authority or NHS Trust if you do not agree to it.
You may also be able to safeguard assets from being used up paying for care if you prepare a suitable Will.
Powers of Attorney
General Powers of Attorney
Many people may need to appoint someone to act on their behalf if they are unable to act for a short period of time, for example, someone going on a gap year or traveling abroad on business. During this time you may need someone to be able to manage your financial affairs. By preparing a General Power of Attorney this means that you would be able to allow someone to assist in managing your financial affairs whilst you were away.
Lasting Powers of Attorney – Property and Financial Affairs
The main aim of a Property and Financial Affairs Lasting Power of Attorney is to enable people, whilst they are still mentally capable, to delegate control over part or all of their financial affairs to somebody else. In the event of the onset of mental or physical incapacity, the existence of a Lasting Power of Attorney can be of enormous help to both you and your family in ensuring you can be assisted and cared for as quickly and efficiently as possible. A Lasting Power of Attorney can also be used before the onset of such incapacity if you wish. Careful consideration needs to be given as to the powers you delegate and most importantly your choice of an Attorney. We can guide you through these decisions.
In some cases if you have no family to act as an attorney you can appoint our partners to manage your financial affairs in the event that you become incapacitated.
Personal Welfare Lasting Power of Attorney
A Personal Welfare Lasting Power of Attorney enables you to appoint someone to be consulted over important medical decisions in the event that you are unable to communicate such consent yourself. There are also ways in which you can specify certain restrictions on the nature of your medical treatment in the event of your incapacity. We can guide you through the difficult decisions involved here.
Advance Decisions (Living Wills)
Another option open to you is to prepare an Advance Decision, more commonly known as a Living Will. This document sets out the precise situations where you would not like to be resuscitated or receive certain life-sustaining treatment. If drafted and executed correctly, they are legally binding on medical practitioners.
The Commission on Assisted Dying released a report on the current legal position in relation to euthanasia and assisted dying to see whether it was fit for purpose.They also set out a proposal on how the legal framework might work should assisted dying become implemented in England and Wales.
This is only a report and it should be remembered that actively taking steps to end someone's life and assisted suicide are illegal and can currently result in a prison sentence of up to 14 years. For more details please click here.
Registration of Enduring/Lasting Powers of Attorney
If an Enduring or Lasting Power of Attorney needs to be registered, we can assist with the registration procedure. Alternatively, if someone has made an application to register and EPA or LPA and you do not believe that the registration should continue, we can provide advice and assist in objecting to the registration or applying to remove an Attorney who is acting inappropriately. Likewise if you are applying for registration and an unjustified objection is made we can advise and assist with dealing with that.
If someone does not have the sufficient level of understanding to enter into a Lasting Power of Attorney or Advance Decision an application to the Court of Protection may be necessary. For more details click here
Court of Protection
Deputyships
Should someone become mentally incapable of making decisions in relation to their finances or health and welfare they are usually incapable of delegating those responsibilities by way of a Lasting Power of Attorney. In this event it may be necessary to apply to the Court of Protection to ensure a family member or friend or professional adviser is appointed as Deputy (formerly known as a Receiver) and so assume that role. We can assist with all aspects of this procedure. We can also act as a professional Deputy if required.
In relation to financial Deputies, there are ongoing duties which involve the preparation of tax returns and yearly accounts. We can help you with this should you need any assistance.
If there is a problem in relation to a health or welfare decision and no one is able to reach a decision, you may have to apply to the Court of Protection for them to make the decision. The Court is able to appoint someone as a health and welfare Deputy, but these appointments are rare. The usual position is that the Court will make a specific decision regarding the current issue in contention.
Statutory Wills
If someone does not have sufficient mental capacity to make a Will, you are able to apply to the Court of Protection for them to make or amend a Will on that person’s behalf.
Common examples of this would be if someone does not have a Will and has a long-term partner. Without a Will an unmarried partner would not inherit anything so a Statutory Will can correct this. This is also the case with step-children as only adopted children would receive a share of the estate. Another example would be where someone has a Will but their circumstances have changed either because the size of their estate has diminished – if they have make a gift of their home to someone and the home has been sold to pay for nursing home fees – or they may have fallen out, or reconciled, with family members.
