Advice to the Elderly and Enduring Powers of Attorney

Planning for the Future

Every year many of our clients consult us about planning for old age or to assist with the needs of elderly relatives, as we are specialists in this area of legal advice. Each client’s personal situation and circumstances are different. We will discuss your wishes, and advise on whichever of the following may be appropriate:

• Inheritance Tax Planning through Wills

• Lifetime Gifts - Tax Planning and Trusts

• Lasting Powers of Attorney

• Office of the Public Guardian (“OPG”) - appointing a Deputy of a person who is mentally unable to deal with their affairs

• Community Care issues - including advice and planning for Residential and Nursing Home Care Fees

• Existing Enduring Powers of Attorney

We have long established associations with the Alzheimer’s Society and Age Concern.

Lasting Powers of Attorney

From the 1st October 2007, the Court of Protection has introduced new documents called Lasting Powers of Attorney. Lasting Powers of Attorney (“LPA’s”) are legal documents to appoint persons of your choice to deal with your affairs

There are two types of LPA’s –

a) Property and Affairs and

b) Welfare

A Lasting Power of Attorney is a special kind of Power of Attorney which continues in force even after the person making the Power becomes mentally unable to handle their affairs.

Lasting Power of Attorney (Property and Affairs)

An LPA (Property and Affairs) is drawn up while you are able to make decisions on who you would wish to deal with your financial affairs, should you become unable to deal with them yourself. By making an LPA (Property and Affairs) you ensure that if you become mentally or physically incapable through illness or accident to manage your own affairs yourself, your financial affairs are administered by people you have chosen and trust.

Lasting Power of Attorney (Welfare)

A LPA (Welfare) is drawn up to appoint Welfare Attorneys to make decisions on your behalf regarding your welfare and care. The LPA (Welfare) can only be used by your Welfare Attorneys, if you have become mentally unable to make welfare decisions yourself. The LPA (Welfare) can also authorise your Welfare Attorneys to make decisions regarding “life sustaining treatment”.

If you wish to discuss any of these matters further please contact: