Elderly clients and Lasting Powers of Attorney
At any stage in your life you may suffer an accident, physical ill health or the onset of mental illness. In later life, you may lose mental capacity due to the onset of conditions such as Alzheimer’s disease or other form of dementia?
For whatever reason, you may find that you become unable to manage your own affairs whether they are financial or relating to your health and welfare.
Have you thought of making a Lasting Power of Attorney?
What is a Lasting Power of Attorney?
An LPA is a legal document or documents appointing a person or persons of your choice to be your attorney(s). There are two different types of LPA you can use to make provision for the future. You can set up one or both types:
Property and Financial affairs LPA
By preparing this type of LPA you are choosing someone you trust to manage or make decisions about your finances and property should you be unable to do so.
You can choose whether this power operates from the onset of mental incapacity or whether your attorney can manage some or all of the affairs on your instruction while you still have capacity. If there are powers you do not wish your attorney to have, you may place conditions and/or restrictions in the LPA document.
Personal Health and Welfare LPA
This type of LPA allows you to choose someone you trust to make decisions on your behalf relating to your personal health and welfare. These decisions may include giving or refusing consent to medical care on your behalf, deciding where you live, and who you will have contact with.
Any decision can only be taken on your behalf if your attorney believes that you lack the capacity to make the decision yourself. You can place conditions and / or restrictions on your attorney in regards to what decisions they make on your future health and welfare.
Within the health and welfare LPA you are able to make advance decisions concerning the carrying out or continuing of medical treatment that may be needed in the future. However, unless strict formalities have been complied with, any advance decision you make will not affect any treatment that a doctor considers necessary to sustain your life.
Can you revoke an LPA
You can revoke your LPA at any time providing that you still have mental capacity. The attorney’s power is automatically revoked should the attorney lack mental capacity or if the attorney and donor have been married and get divorced, or have been in a civil partnership, which is dissolved.
The attorney’s power is revoked under a Property and Affairs LPA if they become bankrupt.
An attorney can also decide at any time that they no longer want to act as your attorney. If you have lost mental capacity and your attorney no longer wants to act on your behalf, your attorney must inform the Office of the Public Guardian.
Putting an LPA in place makes it easier for your family in the future.
Telephone Jane Sixsmith, Mark Boon or Paul Aynsley on 01942 206060
Elderly Clients
As well as providing Will Services and preparing Lasting Powers of Attorney, we also provide specialist legal services on registering Enduring Powers of Attorney and on full applications to the Court of Protection where a person loses mental capacity but there is no Lasting Power of Attorney in place.
More and more people are now becoming proactive in terms of planning for their old age and we are happy to be part of that planning process. We work closely as a practice with the local branch of Age UK ( formerly Age Concern) and we provide advice on Inheritance Tax issues, gifts of property, protecting the home and minimising residential home or nursing home fees.
Contact Jane Sixsmith, Mark Boon or Paul Aynsley on 01942 206060
Probate and Estate Administration
We are aware that clients want the affairs of their departed family and relatives to be dealt with on a personal one to one basis, quickly and efficiently and where possible at a fixed cost.
We handle a large number of Probate matters some of high value and some of low value.
For high value cases we offer a full estate service including payment of inheritance tax, obtaining the Grant and thereafter a full administration service and distribution to those persons entitled.
In low value or straightforward cases we offer a Basic Probate Services whereby we will obtain Probate or Letters of Administration on your behalf and assist you in the completion of the Inland Revenue forms leaving you to deal with the administration and distribution of the Estate thereafter, This option costs from just £495.00 plus VAT and Court fees and Commissioners fees of approximately £50.00 and has proved very popular with clients in straight forward Estates where keeping costs to a minimum is important.
Importantly MBH only charge for their services on the basis of the time that is spent on the matter, they do not like many other Solicitors, financial institutions and other bodies offering probate services charge any commission based on a percentage of the value of the Estate.
Telephone Jane Sixsmith or Mark Boon or John Holland on 01942 206060