Mental/Physical Capacity

What happens when you can longer make the decisions?

It is distressing to contemplate that old age may bring with it mental and/or physical deterioration. Our solicitors fully understand your anxieties and will advise and guide you through the legal processes you need to consider with the utmost sensitivity.

Legal Services - Mental and Physical Capacity, Power of Attorney

Our financial planning for the elderly also extends to family members who are looking for the very best financial planning services for elderly parents or other relatives.

Taking control

Lasting Powers of Attorney

There may come a day when you are no longer able to make decisions for yourself. A Lasting Power of Attorney (LPA) is a way of avoiding complications for your loved ones if or when this happens.

There are 2 separate types of LPA which help you to decide who will take care of your assets or welfare should you become incapacitated or require long-term care, perhaps in a care home.

The 1st type of Lasting Power of Attorney relates to your finances and property.

The 2nd type of Lasting Power of Attorney deals with your personal welfare, for example where you are to live and how you will be cared for if you need long-term care in later years.

You can only make a Lasting Power of Attorney if you are mentally agile. If you feel that you are beginning to suffer from memory loss or have been diagnosed with a condition which may affect your mental capacity in the near future such as Alzheimer’s or other forms of dementia, then you may want to consider making a Lasting Power of Attorney naming a trusted relative or friend who will oversee your affairs before your condition worsens.

If you do suddenly deteriorate and perhaps even require admittance to a care home and you haven’t set up a Lasting Power of Attorney then it would be very difficult for anyone to handle your finances or make decisions on your behalf. Your relatives would have to apply for a Deputyship, which is a long and expensive process.

That's why we advise you to set up a LPA while there is no pressure to do so and whenever needed we can step in as your expert solicitors to give any assistance when and if required.

Living Wills and Advance Decisions

A Living Will sets out your wishes should you require medical treatment of any kind whether you are in long-term care or living independently.

A Living Will allows you to state what medical care you would like and what medical care you would refuse should you be unable to do so at the time.

A Living Will also allows you to appoint a relative or friend who can make vital decisions regarding your treatment should the need arise.

You can make a Living Will even if you have been diagnosed with a mental illness so long as you can show that you understand all the implications of your actions.

Advance Decisions

Under the Mental Capacity Act 2005 people in England and Wales have the right to refuse treatment by the use of an "advance decision". An advance decision is a binding refusal of a certain type of treatment. Many people who have dementia or are worried they may develop it use this type of document as a means to express their wishes regarding their treatment.

Our team of solicitors have specialist knowledge when it comes to mental health and community care for the elderly. We can assist you with all aspects of drawing up a Living Will or an Advance Decision.

Planning for the future – Wills and Probate

It is also a good idea to organise your affairs in a tax-efficient way in order to provide for the future. If you haven't already made a will or it needs updating you should do so as soon as possible. If you were to pass away without making a will your estate and assets may not get distributed as you would expect.

With good quality legal advice you can also significantly reduce Inheritance Tax through the specialist use of Wills and Trusts.

Get in touch

Call us now on freephone: 0808 129 3320 or complete our online enquiry form and we will get in touch with you.

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James Skinner | Associate Solicitor, Court of Protection | Simpons Millar LLP

James Skinner
Associate Solicitor, Court of Protection

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