We provide a broad range of services and solutions to elderly clients. In a subject area that is often complex we try to be effective and sympathetic whilst also being time and cost efficient
We are happy to visit our clients at home or at hospital and can also meet with their families, if desired.
Power of Attorney
The vicissitudes of age and circumstance means that many people can require assistance to look after their financial and personal affairs. A lasting power of attorney allows a person to appoint an attorney empowered to offer such assistance.
The first type of lasting power of attorney is a lasting power of attorney for property and affairs. A donor appoints an attorney to help the donor make and transact their financial decisions. If the donor cannot make a financial decision because they lack the requisite mental capacity, the attorney can make and transact a financial decision for the donor. However that financial decision must be in the donor’s best interests.
The second type of lasting power of attorney is a lasting power of attorney for health and welfare. A donor appoints an attorney and if the donor cannot make a decision about an aspect of their health or personal care because they lack the requisite mental capacity, the attorney can make a decision for the donor. However that decision must be in the donor’s best interests.
We can draft and register both forms of lasting powers of attorney. Our charges are typically between £300.00 to £400.00 plus VAT. The Office of the Public Guardian also charges an application fee of £110.00 per Lasting Power of Attorney. If you wish, you may appoint one of our solicitors as your attorney. Our solicitors manage the financial and taxation affairs of many elderly clients, taking third party advice where appropriate from reputable accountants and financial advisers.
The functions of a lasting power of attorney for property and affairs were previously fulfilled through a document called an enduring power of attorney. An enduring power of attorney must be registered with the Office of the Public Guardian as and when the donor loses mental capacity. We can register enduring powers of attorney with the Office of the Public Guardian. Our charges are typically between £200.00 to £300.00 plus VAT. The Office of the Public Guardian also charges an application fee of £110.00.
You may qualify for an exemption or remission from the Office of the Public Guardian’s application fees under certain circumstances. We can provide further advice regarding your eligibility
Deputyship Applications and Court of Protection Applications
Should an elderly client lack the requisite mental capacity to make a lasting power of attorney, an application can be made to the Court of Protection for the appointment of a Deputy. A Deputy is empowered by the Court of Protection to manage an elderly client’s financial and personal affairs. We are experienced in applications and proceedings in the Court of Protection and particularly for the appointment of a Deputy.
We can provide legal, taxation and practical advice to attorneys appointed by lasting or enduring powers of attorney. We can also advise upon protecting your assets from liability to tax and care home fees.