Management of your personal affairs is always a top priority but as you advance in age planning for the time when you may no longer be able to manage them is crucial! Making a Will is a very important part of protecting your assets and making sure that they go to the people you really want to benefit from them when you pass away, but it is as important to protect them during your life time so you can pass them on.
It can often be difficult to make decisions at the best of times but as you get older it can be very reassuring to know that you have appointed someone you trust as your 'Attorney' to make those decisions for you. In order to appoint an 'Attorney' you will need to make a Lasting Power of Attorney (LPA). This is a document which allows you to appoint an 'Attorney', both your health and financial affairs either as and when you require or when you lose mental capacity to do so.
It is even worth considering making an LPA when you are younger and in good health in case you have any serious health problems in the future or an accident which may lead to mental or physical problems.
With an LPA in place you can live peacefully with the knowledge that should anything happen to you then someone you have appointed and whom you trust can look after you and your personal affairs.
For further information on personal affairs and lasting powers of attorney, please contact us on: 01590 672595 or solicitor@clive-sutton.co.uk
It can often be difficult to make decisions at the best of times but as you get older it can be very reassuring to know that you have appointed someone you trust as your 'attorney' to make those decisions for you. In order to appoint an 'Attorney' you will need to make a Lasting Power of Attorney (LPA). This is a document which allows you to appoint someone you trust as your Attorney to make important decisions on either your health or financial affairs or both, either as and when you require it or when you lose mental capacity to do so.
It is even worth considering making an LPA when you are younger and in good health in case you have any serious health problems in the future or an accident which may lead to mental or physical problems.
With an LPA in place you can live peacefully with the knowledge that should anything happen to you then someone you have appointed and whom you trust can look after you and your personal affairs.
There are two types of LPAs, a 'Property and Financial Affairs' LPA and a 'Health and Welfare' LPA.
By a 'Property and Financial Affairs' LPA you can appoint an Attorney to manage your property and finances. This can include running your bank accounts and finances, and buying, managing and selling investments and property on your behalf. You can allow your Attorney to act on your behalf straight away, perhaps for your own convenience. Alternatively you can make the LPA now but specify that it can only be used at a time when you do not have the capacity to administer your affairs yourself, perhaps as a result of an illness or accident.
A 'Health and Welfare' LPA enables your Attorney to make decisions regarding your personal healthcare and welfare. This can include where you live, who visits you and the type of care you receive. It can also include decisions regarding the refusal of life-sustaining treatment. Such decisions can only be made by your Attorney when and if you lack capacity, for example if you were seriously ill or because of the onset of a condition such as dementia.
You must be of sound mind to create an LPA, so it is crucial to explore your options as soon as possible with a solicitor. For more information please click on this to see our information sheet.
It can be extremely distressing when a member of your family you love starts to lack the mental capacity to make decisions. Unless you have an instrument in place to take over their personal affairs you may find that you are completely unable to access their bank accounts, make decisions on their behalf regarding their welfare or collect any of their benefits for them. So, for example, a person with dementia may need a Deputy to collect their income and benefits and sell assets in order to pay care home charges. Or a person with an acquired brain injury may need a Deputy to administer a court settlement to pay for an ongoing care regime, or make decisions about medical treatment.
When this is the case it may be necessary to make a Deputyship application to the court protection so that you can manage either their financial affairs or their personal welfare or both.
It can often be extremely distressing when a member of your family you know love starts to lack the mental capacity to make decisions. Unless you have an instrument in place to take over their personal affairs you may find that you are completely unable to access their bank accounts, make decisions on their behalf regarding their welfare or collect any of their benefits for them. So, for example, a person with dementia may need a Deputy to collect their income and benefits and sell assets in order to pay care home charges. Or a person with an acquired brain injury may need a Deputy to administer a court settlement to pay for an ongoing care regime, or make decisions about medical treatment.
When this is the case it may be necessary to make a Deputyship application to the Court of Protection so that you can manage either their financial affairs or their personal welfare or both.
Deputy is a person appointed by the Court of Protection to manage the personal welfare or the property and affairs of another person, who lacks the mental capacity to manage them themselves. A Deputy can only act under a court order from the Court of Protection. This order sets out the Deputy's powers and entitles the Deputy to act on behalf of the person lacking capacity.
A Deputy will not be required if the person lacking capacity has previously made a Lasting Power of Attorney (LPA). In this case, provided the LPA has been properly registered, the attorney can continue to make decisions on behalf of the person lacking capacity.
A Deputy can be appointed by the court to act as:
Any person over the age of 18 can be a Deputy. Any prospective Deputy must declare any criminal convictions or bankruptcy arrangements to the court when applying to become Deputy and these could lead to the application being refused.
In many cases a spouse, partner or close relative will be the Deputy. In cases where there is no-one able or willing to take the role then the local authority can do so (in low value estates) or a professional Deputy (eg a solicitor) can be appointed. Where the person lacking capacity has a large estate then a professional Deputy will almost always be appropriate.
A Deputy's powers derive from the deputyship order made by the Court of Protection and the Deputy cannot exceed those powers. The order may give wide powers to the Deputy, or it could set limits to those powers, for example providing that large items of expenditure or investment cannot take place without further permission of the court.
In addition to following general principles set out in the Mental Capacity Act 2005, the Court of Protection places numerous obligations on the Deputy, as a safeguard to the person lacking capacity. These include obtaining a security bond, complying with supervision by the court and filing annual reports and accounts.
We are able to guide you through the process of making the Deputyship Application to the Court of Protection and in appropriate cases may be able to act as the Deputy.
For further information please contact us on: 01590 672595 or solicitor@clive-sutton.co.uk
We appreciate that bereavement is very traumatic and we pride ourselves on providing a friendly, professional and sympathetic service which guides you through this painful time with the least possible stress. We can deal with matters arising from the administration of a person's estate, which can be time consuming, and assume much of the burden from you at a difficult time, providing practical legal advice based on experience.
When a person dies, someone has to identify and collect in all of their assets in order to settle all debts, taxes and any other expenses. This can be straightforward if assets are held jointly, if they are not, it is usually necessary to obtain a Grant of Probate if the person had made a will, or if not then a Grant of Letters of Administration. This is a formal process, obtained through the Probate Registry and involves valuation of all the deceased's assets. Depending upon the value of the estate and who receives it, Inheritance Tax may be payable.
We can help you through this often confusing process, providing guidance both in relation to the legal issues and practical problems such as obtaining valuations, distributing the assets and even house clearance.
The role of personal representative/executor is very challenging and it is essential to ensure you are following the law and properly carrying out your duties or there can be serious implications.
The services we provide are:
For further information on estate administration or probate, please contact us on: 01590 672595 or solicitor@clive-sutton.co.uk
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