Call us on 01752 203500
News & Features

Wednesday 19th January 2011
19/01/2011 - Safeguard Your Future
 
When considering the future management of your financial affairs and property (and/or your health and welfare), a Lasting Power of Attorney (LPA) can be invaluable. Whilst a Will covers who will look after your estate on death, an LPA covers the management of your affairs while you are alive.
With people living longer, there may come a time when you are no longer able to look after your own affairs, either due to physical or mental ill health. It can provide peace of mind for both you and your family if trusted persons have been appointed to assist you with the management of your affairs, should this become necessary in the future.
Sadly it is a common mistake to think that next of kin are able simply to step in to deal with matters such as banking and the sale of property on your behalf, should the need arise. This is not the case. In order to have the authority to deal with such matters, an LPA or an Enduring Power of Attorney (EPA) (before October 2007) must have been created. If this is not the case and you have lost the ability to deal with your affairs due to an illness such as dementia or after suffering a brain injury following an accident, it may be too late for you to be able to make an LPA.
The Court of Protection and the Office of the Public Guardian are the bodies that govern the protection of vulnerable persons. Where an LPA has not been made and the person in question has lost capacity, an application needs to be made to the Court by a suitable person i.e. a relative, a friend or a professional, such as a solicitor, to become a Deputy for that person.
The procedure for this application can be long, complex and expensive when compared to the cost of making an LPA. Where funds are required to cover care fees, waiting to be able to deal with the affairs of a loved one is not often a satisfactory option for concerned relatives. Equally, being a Deputy is not on its own sufficient to enable you to deal with the sale of property. This can be extremely inconvenient where a property needs to sold in order to fund care. A separate application must be made to appoint the Deputy as Trustee of the property in the place of the person who lacks mental capacity. This inevitably increases the cost of the process.

Don’t leave it too late to put your LPA in place. Save those who you would like to act on your behalf from inconvenience at a later date.

If you would like to discuss making a Lasting Power of Attorney in relation to your financial affairs and/or your health and welfare, please contact the Wills, Trusts and Tax department for a competitive quote.


If a relative is no longer capable of managing their affairs or making an LPA, our Court of Protection specialist, John Clarke, will be able to deal with applying to the Court of Protection on your behalf.

John Clarke can be contacted on 01752 203500.

YOUR LEGAL CHAMPION

News & Features
16/01/14 - Challenge to Vegetarian Will a Fruitless Endeavour
16th Jan 2014

A rather bizarre will dispute hit the headlines recently. This case, although most certainly unusual, goes some way to highlight the need to have a professional involved when ... click for more

13/01/14 - Send in the Sherriff!
13th Jan 2014

Here in the Gill Akaster office we are big fans of the popular BBC series ‘The Sheriffs Are Coming’ and today the third series will be hitting our TV screens.

T ... click for more

03/01/14 - D-Day 2014
3rd Jan 2014

Did you know that 3rd January has been dubbed ‘Divorce Day’ by many people across the UK?

With the start of a new year, often comes a time for new resolutions a ... click for more

18/12/13 - GOD TV Puts Faith in Plymouth Law Firm
18th Dec 2013

Plymouth-based law firm, Gill Akaster LLP, today (18 December) announced the completion of a significant deal for its client, The Angel Foundation (the UK charitable arm of GOD TV) allowi ... click for more

12/12/13 - A STEP Forward for Plymouth Solicitor
12th Dec 2013

Jonathan Hall, partner of Plymouth based law firm Gill Akaster LLP Solicitors, has been awarded the STEP (Society of Trust and Estate Practitioners) Advanced Certificate in Trust Disputes ... click for more

13/11/13 - Joint Accounts Routinely Frozen if Mental Capacity Lost
13th Nov 2013

Couples with joint bank accounts may find that their account is frozen if one of them loses mental capacity. Guidance issued this year by the British Bankers’ Association says that ... click for more

28/10/13 - Fines could be on the Cards for Landlords Renting to Illegal Immigrants
28th Oct 2013

It is widely covered in the media that the coalition government is looking at ways to reduce the number of illegal immigrants living within the UK. Recent proposals, which could be implem ... click for more

30/08/13 - An Extra Birthday Hug for Henry
30th Aug 2013

The plight of four year old Henry Hallam has had such an impact on the staff of a local law firm that his charity, Hugs for Henry, has been voted as its charity of the year.

... click for more

30/07/13 - New Partner Joins Plymouth Law Firm
1st Aug 2013

Plymouth based law firm, Gill Akaster LLP, has expanded its team by welcoming experienced employment solicitor Rhiain Lewis as a partner of the firm.

Rhiain boasts 25 years ... click for more

24/07/13 - Up Coming Changes in Employment Law
24th Jul 2013

There is no doubting that employment law is one of the fastest paced legal sectors in terms of rate of change. If businesses fail to comply with any of the changes implemented then the im ... click for more

16/07/13 - The Real Deal
16th Jul 2013

Plymouth based law firm, Gill Akaster LLP, has helped a local couple to achieve their ambition to establish an environmentally friendly cafe within Sutton Harbour.

Gill Aka ... click for more

24/06/13 - The Benefits of Being a Trustee
24th Jun 2013