Older Clients’ Affairs

With an aging population and the continuing decline of the nuclear family many elderly people need assistance with their affairs.

As members of Solicitors for the Elderly we have considerable experience and expertise in this area. We try to limit our help to the legal front but it is not uncommon that we will at times also offer assistance with practical matters where nobody else can help. Perhaps more importantly we can often offer guidance and impartial advice.

Sadly in some cases the mental capacity of the elderly diminishes to the extent that they can no longer manage their affairs. In such instances it is frequently possible to use a Lasting Power of Attorney but where one is not in place it may be necessary to make an application to the Court of Protection. Further details of this can be found in the section relating to the affairs of clients with learning disabilities or dementia.

A power of attorney is a document by which a person (the Donor) gives authority to another person or persons (the Attorney or Attorneys) to deal with some or all of his/her affairs. Usually the power will only be valid while the Donor has mental capacity but a Lasting Power of Attorney can overcome this problem because it continues to be valid even if the Donor becomes mentally incapacitated.

The Mental Capacity Act 2005 replaced Enduring Powers in 2007 with Lasting Powers of Attorney. These are designed to overcome some of the weaknesses of enduring powers. Most importantly Lasting Powers may be used to extend the authority of Attorneys to deal not only with financial affairs but also with personal welfare decisions.

Enduring Powers of Attorney that were made before October 2007 continue to be valid.

Below are some information leaflets that may be of assistance to you.

Older Client Issues - frequently asked questions - We are often approached by family members on behalf of an elderly person. These queries can be on a variety of subjects. Click here

Dying Tidy - Your Executors must arrange for your estate to be valued and disposed of in accordance with your Will or in accordance with the Administration of Estates Act. In order to do this they must be made aware of all of your assets and liabilities. Click here

Giving Away Your Home - By giving your home to another person or persons you are giving away your legal title to it. The house will belong to them absolutely and will become part of their estate. It will be subject to their Wills, their matrimonial affairs and their disputes. It will be theirs to mortgage, or sell as they wish. It may also give them a liability for Capital Gains Tax purposes. Click here

Managing Your Finances - It is important that any investments chosen are right for you and that the correct advice is taken. Different specialists deal in different investment packages.

Please contact a member of the team to discuss your individual needs. Click here

Further information can be found at 'Solicitors for the Elderly'

Please contact a member of the team to discuss your individual needs.