WILLS, POWERS OF ATTORNEY & ELDERLY CLIENT CARE

OUR SERVICES

Redferns have an experienced, knowledgeable and understanding team and have been dealing with Wills and Probate for over 70 years. Our Wills & Probate Solicitors are qualified to assist with the management of your affairs in your lifetime and also with dealing with your affairs after you have passed away.

The head of the department Anousha Kandiah is a full member of STEP (Society of Trust and Estate Practitioners). STEP is the global professional association for practitioners who specialise in family inheritance and succession planning.

Our aim is to make the law relating to Wills and the planning & administration of estates accessible and simple for our clients. We work with individuals, families, couples and business owners providing guidance and advice to suit your personal circumstances.

Our services include:

• Will writing

• Creation of Lifetime Trusts

• All types of Powers of Attorney

• Advanced Decisions

• Court of Protection Applications

• Management of Elderly Client Affairs

• Administration of Estates

• Contentious Probate

WILLS

Making a Will can be daunting and often is not something at the forefront of people’s minds. However we cannot stress enough the importance of having a Will; it is one of the most important documents you will ever make in your lifetime. By making a Will you get to decide who you want to benefit from your estate (i.e. your money, possessions, property, business interests etc.) after you have passed away - it is the only way to ensure that your family and friends who you want taken care of, are taken care of.

Making a Will also allows you to give consideration to the possible inheritance tax consequences for your estate and gives us the opportunity to advise you on what options may be available to reduce or extinguish that liability.

We are able to assist with simple single and mirror Wills to those of a more complex nature incorporating trusts.

Please click the link below to our Will instruction Form – it provides useful guidance when thinking about what to include in your in Will and what type of information will be required when taking your instructions.

If you would like us to draft your Will, then please contact us on 020 8424 7070.

Will Instruction Form

POWER OF ATTORNEY & COURT OF PROTECTION

Nobody can predict the future, but you can plan for it. With the right advice and support, you can protect yourself and your family and provide certainty for the future.

Our Solicitors can help you with all the legal aspects of lifetime planning, including lasting powers of attorney, court of protection and long term care planning so that if you are no longer able to make financial or personal decisions, then someone you trust can make them for you.

A Power of Attorney will determine who can deal with your affairs or certain aspects of them during your lifetime should there be a need, ie, if you are unable to make decisions about your finances or health & welfare due to a serious accident, or an illness that affects your mental capacity or if you are abroad etc. We are able to assist you with specific and general powers of attorney which remain effective for as long as you have capacity and with Lasting Powers of Attorney (LPAs) which as the name suggests will “last” should you lose capacity.

Property & Financial LPA

The Property & Financial LPA enables you to give authority to your Attorney(s) to deal with your property and finances. Examples of some of the types of decisions an Attorney can make include:

• Opening, closing and using your bank and building society accounts.
• Claiming, receiving and using your benefits, pensions and allowances.
• Paying your household, care and other bills.
• Making or selling investments.
• Buying or selling your home.
Health & Welfare LPA

The Health & Welfare LPA enables you to give authority to your Attorney(s) to make health and welfare decisions on your behalf, but only if, and when you lack the mental capacity to do so yourself. Examples of some of the types of decisions such an Attorney can make include:

• Giving or refusing consent to health care and the continuation of life sustaining treatment, if you wish.
• Staying in your own home and getting help and support from social services.
• Moving you into residential care and finding a good care home.
• Day-to-day matters such as your diet or daily routine.
Court of Protection

You can only make LPAs when you have the mental capacity to do so. Like Wills, many people do not want to think about the possibility of being in a position where an LPA will be needed; however if you do suffer an accident or show signs of an illness such as dementia it may be too late for you to make an LPA and without one, your loved ones will not automatically have the legal authority required to manage your affairs needed to take care of you.

If you do not make an LPA and you are no longer able to deal with your affairs, someone will have to make an application to Court of Protection to be appointed as your Deputy which if granted will give the Deputy the authority needed to manage your property & financial affairs on your behalf.

The Court of Protection exists to look after the best interest of those who do not have the mental capacity to make certain decisions for themselves.

We are able to assist with all Court of Protection applications.
Enduring Powers of Attorney

Enduring Powers of Attorney (EPA) were replaced by Lasting Powers of Attorney in October 2007. However existing EPAs made before October 2007 are still valid. EPAs must be registered as soon as the donor starts to lose mental capacity. We can assist you with the registration of EPAs at the Office of the Public Guardian.

ELDERLY CLIENT AFFAIRS

We are able to provide a tailored service to meet the individual needs of our elderly clients, this includes attending clients at their home or care home; acting as a professional Attorney under an LPA for property & financial affairs; acting as a professional Deputy under a Court of Protection Order; assisting with Local Authority Financial Assessments etc. We can also assist in dealing with all matters regarding the Property of an elderly client once they have moved in to a residential care home.

The move from your home in to a residential care home although may be in your or your elderly relatives’ best interest, can be an extremely emotional and delicate time for the person making the move and for the family - we strive to offer any assistance we can to make the process less overwhelming.