Elderly Client Services
This is the progressive and expanding Elderly Client Services Department of Waddington & Son.
Waddington and Son can offer specialist advice in relation to elderly client services, Court of Protection and lasting power of attorney. Should you wish to speak to a member of our team please contact us today on 01282 426666.
- Making a Will
- Family Trusts and asset protection
- Inheritance Tax
- Powers of Attorney
- Court of Protection
- Planning for Long term care
- Local Authority and NHS funding of care including disputes
- Living wills and welfare Attorneys
- Safeguarding for vulnerable adults
We can offer a free initial appointment at our offices and if you are unable to get into the office or you are in hospital or a home in need we are happy to come out to you. In the first instance contact us on 01282 426666 to make an appointment.
If a person can no longer manage their financial affairs and they do not have the capacity to make a Property and Finance Lasting Power of Attorney then an application can be made to the Court of Protection to appoint a ‘deputy’ to look after their affairs. Once the appointment has been made the deputy can make decisions on that persons behalf, similar to an attorney but a deputy has to report to the Court of Protection on an annual basis. The deputy will need to keep accurate records in order to complete the annual report.
A medical report is required to support the application and notices have to be served on appropriate people to give family and interested parties an opportunity to object and take part. Most applications are a paper work exercise but if any objections are raised a hearing will be held before a Judge.
A court order will set out who the deputy is and what the deputy can do, the deputy will also need to take out an insurance bond, set by the court based on the size of the named person’s estate. There may be a need for a further order from the court if a deputy needs to do something that is not permitted within the order.
Making an application to the Court of Protection can be a lengthy process involving a lot of paperwork and I often find that when a family requires a deputy to be appointed it is often at a time of a family crisis. Normally something needs to be done on behalf of a family member and it cannot be done without a deputy leaving a family member in a vulnerable position. Our solicitors can take away this added pressure and guide you through the process having expertise in this area.
The deputy can be a friend, family member or a professional such as a Solicitor depending upon who steps forward to assist. Waddington’s act as Deputy for a number of clients and would be happy to assist clients if they wish.
If you would like any advice or assistance on a Court of Protection Matter please contact us.
There are two types of Lasting Powers of Attorney:-
- A Property and Financial Affairs LPA – this enables your attorney to make decisions on your behalf in relation to financial affairs and your property. This power can be used both when you have capacity and if capacity deteriorates or becomes lost.
- A Health and Welfare LPA – this enables your attorneys to make decisions about social care issues and medical treatment, including life sustaining treatment. This power can only be used when you no longer have the capacity to make welfare decisions for yourself.
Some decisions may require both a Welfare and Financial attorney, such as decisions about long term care and funding related to care, so a belt and braces approach to future planning is to have both in place.
You do not always have to appoint the same Attorneys in both powers.
A LPA cannot be used until it is registered with the Office of the Public Guardian and it is good practice to register the documents then you know that they are valid and place them into storage until such time as you need them.
If you want to know more about LPA’s please contact us.