A registered LPA without restrictions allows your chosen Attorney(s) to act on your behalf in relation to all of your property and financial decisions if you are unable to deal with your affairs.  If you own a business this can be vital to ensure the continuity of that business.

An Attorney in relation to your health and care decisions can give or refuse consent to life sustaining treatment (if you wish them to do so). Without this, doctors and medical practitioners may be faced with having to make difficult decisions where there are conflicting family views.

An application can be made to the Court of Protection to appoint a “Deputy” to manage the financial decisions for the person who is not able to deal with such matters themselves. In some cases, depending on the value of an individual’s assets, a Local Authority Deputy may be appointed. 

This depends on the circumstances of an individual. However, in most cases if the reason for the gift is an attempt to avoid potential care home costs in the future, the answer is usually no, as it can be regarded as an “intentional deprivation of capital”.

Specific advice is also needed about the tax consequences of making a gift including a gift of property that you still intend to live in, and other issues that can arise with life changing circumstances such as divorce, death, bankruptcy and marriage. A gift of property by Will, so the gift takes place after your death, is in most cases a better option.

This can depend on your health, nursing care needs and value of your assets, income and expenditure.  If you are assessed as having a need for continuing health care (CHC), your care may be provided free of charge by the NHS. In some instances a person may not be entitled to CHC funding initially, but their health may deteriorate which means that an assessment for CHC funding may be needed at a later stage.  If you are not entitled to CHC, paying for your care will depend on the value of your capital.  Advice should be sought from Solicitors, Independent Financial Advisors and Accountants as to different options regarding care funding.  

Yes it is advisable to have Will to appoint your chosen Executors to deal with your estate for you and so that those you wish to inherit on your death do so. You can also appoint guardians of minor children in your Will. 

If you do not have a Will, your estate will be inherited by those entitled under the “intestacy rules” who may not necessarily be those you would wish to inherit. 

Yes, in certain circumstances an application can be made to the Court of Protection for a “Statutory Will”.  The Official Solicitor will consider the need and case for a “Statutory Will”, along with the reasons for it.

Trusts can be established in your lifetime or by your Will with Trustees appointed to manage funds for vulnerable and/or disabled beneficiaries. This can assist not only with what payments are paid out for the benefit of such beneficiaries, but can also take into account to whom payments are made and the amount. This can avoid the beneficiary losing or not being entitled to valuable means tested state benefits. 

DTM Legal LLP has an experienced team of Solicitors (including members of the Society of Trust and Estate Practitioners (STEP), The Association of Lifetime Lawyers and the Agricultural Law Association (ALA)) who deal with elderly client matters, Lasting Powers of Attorney, Court of Protection work, preparation of Wills, Estate planning, Estate administration and Trusts.