Risks Of Diy Lpas

Local Solicitor Sian Foster from Ware & Kay Solicitors based in York, Wetherby & Malton has joined a number of organisations representing older and vulnerable people to raise serious concerns around the Government's online tool for creating Lasting Powers of Attorney (LPAs). An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia. In May 2014, the Government's Office of the Public Guardian (OPG) launched its online LPA tool, which it claims allows people to create the documents without the need for professional advice from a solicitor. But a new report, published by a coalition of organisations led by SFE, warns that anyone…

Why Is It Important That You Make A Will

Because you work hard all your life to build up your assets, it is very important to be confident that, upon your death, these assets go the people you would want them to go to. If you do not make a Will (or if your Will is incorrectly drafted or executed, which is always a risk if you have, for example, made a "do it yourself" Will), then there is a chance that assets will not go where you want them to. The story below gives an example of what can go wrong, and the outcome of that. Chris was aged 60, a widower with no children.  Chris had a brother, Martin, to whom he was very close.  Martin had a family and was in financial difficulty because he had recently been made redundant.  Chris…

A Helping Hand

When you have lost a loved one, you may need some guidance with sorting out their affairs at what is already a difficult time... This is where Ware & Kay can help Depending on the circumstances, you may or may not need to apply for what is known as a "Probate" also called a Grant of Probate where the deceased left a Will, or a Grant of Letters of Administration where the deceased died intestate. We can advise you whether or not this is needed and, if so, we can offer as little or as much guidance as you need with this process, and with finalising your loved one's affairs efficiently, whether or not they left a Will. Advantages of taking legal advice There are some areas of the process which you may be happy…

Why Do I Need A Power Of Attorney

There are a number of reasons why you might need someone to make decisions for you or act on your behalf. It could just be temporary: for example, if you are in hospital and need help with everyday things such as making sure that bills are paid. Or you may need to make more long-term plans if, for example, you have been diagnosed with dementia. What is a Lasting Power of Attorney? A Lasting Power of Attorney gives someone you trust the legal authority to make decisions on your behalf, if either you are unable to in the future or you want help managing your finances. How to get a Lasting Power of Attorney At Ware & Kay Solicitors we are committed to setting up a Lasting Power of Attorney as simply and straightforwardly as…

Do I Need A Power Of Attorney

Powers of attorney are useful if you need someone to make decisions on your behalf.  This may just be temporary (for example, to ensure that bills are paid if you were in hospital) or more long-term (for example, if you have been diagnosed with dementia). What is a Lasting Power of Attorney? A Lasting Power of Attorney (LPA) gives someone you trust the legal authority to make decisions for you.  There are two types of LPA, 'Property and Financial Affairs' and 'Health and Welfare', and you can create one or both.  The Property and Financial Affairs LPA allows your chosen attorneys to operate your finances, for example to mange your bank accounts and pay bills.  The attorney can act while they have mental capacity (if you consent) but also if you lose mental capacity. A…

The Importance Of Making A Will

Making a Will is very important if you care what happens to your money and your belongings after you die, and most of us do.  Most of us have younger relatives who we want to benefit from our estate, or we have charities maybe that we want to support. If you do not make a Will, the law decides who gets what, and what the law decides may well not be what you want. Everything does not always go to your spouse, for example. If you're not married everything certainly does not go to your partner; it will go to blood relatives. Although many people make a Will to ensure their affairs are taken care of after they die, there are many others who make no such provision believing that, even without a Will, their…

Take Care Of Your Future With A Lasting Power Of Attorney

Research from the Alzheimer's Society forecasts over a million people will have dementia by 2021, highlighting that getting your affairs in order has never been more important. As experts in this field, we see many people in a distressing situation where they are unable to make important decisions on behalf of their loved ones and have no alternative but to make an emergency application to the Court of Protection. This can be costly and take a long time, leaving loved ones vulnerable in the meanwhile. The government is so concerned about the number of people who have not planned for their later years, that it has announced it will be holding a 'life planning day' in 2015. This is intended to promote awareness about making a will and creating a lasting power of attorney to…

Probate Fees To Increase From 22nd April

The Ministry of Justice has recently announced that Probate Court Fees are to increase with effect from the 22nd April 2014. The fee for the application of a Grant by a Solicitor is being increased from £45 to £155 and the cost of a personal application rises to £215. The fee per certified copy for the Grant is reducing from £1.00 to 50p. Any applications received by the Probate registry on or after the 22nd April will be subject to the increase. When someone dies it is often necessary to obtain a Grant of Probate or Grant of Letters of Administration (Grants of Representation) in order to be able to deal with the assets in the estate. These may include bank accounts, shares and insurance policies. If the deceased owned a property it will be…

100 Not Out

With one in three babies born today likely to live to this milestone age, this is something more of us need to start planning for. Here is a checklist of the essential considerations for your elder years: Retirement finances You could easily find yourself having thirty or forty years of "old age" following retirement so it is vital to plan how much income and capital you will need to fund your future plans. You may want to help family members who are struggling financially or put something aside for your grandchildren. Using your inheritance tax allowances wisely is crucial or your relatives may have a heavy inheritance tax bill when you are gone. Paying for care Living longer means more of us will require professional care in our later years. You can plan…

Lasting Power Of Attorney

Who would look after my personal welfare and finances if I were unable to? If you don't know the answer to the above question then you are not alone. We often take for granted the ability to manage our financial affairs, such as paying household bills, mortgages, healthcare costs and give little thought to what might happen if we were unable to manage these tasks anymore. Why would I be unable to manage my affairs? For various reasons such as mental incapacity or physical restrictions, both of which can result from illness, accident or old age. What can I do? Set up a Lasting Power of Attorney ('LPA') - a legal document which allows you to appoint someone you trust (known as an 'Attorney') to act on your behalf if or when the need arises…