wills and probate services
(c) powers of attorney
With increasing life expectancy, more people are choosing to appoint someone to look after their affairs in case they become incapable of managing their own affairs in later life. In 2007, Lasting Powers of Attorney (LPAs) replaced Enduring Powers of Attorney (EPAs) as the main method of ensuring that affairs will be properly managed on behalf of people with mental incapacity, including the elderly and accident victims.
I can help you to create an LPA so that trusted relatives or friends will be able to manage your affairs in the event that you are no longer able to do so for yourself. At such time as the LPA is actively needed, I can advise your attorney(s) and arrange for the LPA to be registered at the Office of the Public Guardian.
You may choose to create a, LPA at any age, which allows your affairs to be managed if you are mentally incapacitated by an accident or illness, as well as by illness in old age.
Although new EPAs cannot be created, there are many EPAs still in existence. I am able to advise you about the use and registration of EPAs if you are nominated as an attorney.
Court of Protection
The Court of Protection was set up to protect the affairs of people with mental incapacity, including the elderly. The Office of the Public Guardian is the body association with the Court of Protection, with the Court providing the decision-making functions and the Office of the Public Guardian providing regulation and supervision.
LLPAs have to be registered with the Office of the Public Guardian before the attorneys can exercise their powers to manage your estate for you.
deputies and receivership
Formerly, if someone became mentally incapacitated without having appointed an attorney, it was necessary for a suitable person to apply to be appointed as their Receiver. Following the passing and implementation of the Mental Capacity Act 2007 such Receivers ceased to exist. Existing Receivers became Deputies for the incapacitated person, and all new applications now have to be for appointment as a Deputy. I can help family members of an incapacitated person to apply to the Court of Protection for the appointment of a Deputy, so that the person's affairs can be managed, including basic functions such as running bank accounts. I can also advise on how and when certain decisions may be taken for a person who lacks capacity without the need for such an appointment or a Court Order.
If someone becomes mentally incapacitated without having made a will, or if their will is out of date, then a Statutory Will can be made for them, which may be a new will or a variation on an existing will. This is a useful step if it is believed that the intestacy rules or an existing will would deal with the person's estate in a manner they would not have chosen or which would otherwise be inappropriate. This involves assessing the decisions that the person would have made, had they still had mental capacity to do so. Here again, I can assist in advising, and if appropriate applying for a Statutory Will to be approved by Court Order.