Personal Affairs and Trusts
Lasting Powers of Attorney
It has not been possible to create an Enduring Power of Attorney since October 2007 but an Enduring Power of Attorney executed prior to that date is valid.
Whilst a will ensures that your estate is wound up in accordance with your wishes, a Lasting Power of Attorney ensures that the person or persons of your choice have responsibility for dealing with your financial affairs if you become mentally, or physically incapable in the future.
The existence of a Lasting Power of Attorney can avoid the considerable expenses and delay which would otherwise be caused to your family in having to make formal application to the Court of Protection for an Order appointing someone to act as your Deputy (see Court of Protection).
Partners at Prettys can act as attorneys.
Care of the Elderly
We offer assistance to the elderly in relation to:
- the handling of their financial affairs
- cohabitation agreements
- advising on residential/nursing care and their fees
- advising on mental incapacity
- making financial plans for retirement
- making provision for children and/or grandchildren
- inheritance tax and income tax planning (see Tax Planning)
- the preparation of wills and Lasting Powers of Attorney
- the registration of Enduring Powers of Attorney and Lasting Powers of Attorney (see Court of Protection)
Court of Protection
If a person is no longer able to manage their own affairs due to mental incapacity and has not created a Lasting Power of Attorney, then it is necessary to make a formal application to the Court of Protection for an Order appointing someone to act as that person's Deputy.
We can advise on a wide range of Court of Protection issues, which include:
- advising on Deputyship issues, to include acting as a Deputy
- managing related administration
- registration of Enduring Powers of Attorney and Lasting Powers of Attorney
- statutory wills