Statutory Wills
If you knew someone who had not made a Will, or who had a Will that was in some way defective or that no longer met their requirements, you would probably encourage them to make a new Will. If, however, the person concerned was mentally unwell and was not able to make a new Will, it is often still possible to rectify the situation with a Statutory Will. Normally, by signing a Will, a person states that they intend the provisions contained within it to apply on their death. A Statutory Will is signed by the Court, rather than by the client and the Court can be approached to approve a Will if it is believed that an individual is not mentally able to do so personally. We have experience of preparing the necessary paperwork and of presenting it to the Court and we have obtained perfectly valid, legal Wills on behalf of clients who would not have been able to make Wills for themselves.
Lasting Powers of Attorney
Until 1st October, it was possible to make an Enduring Power of Attorney to authorise someone to look after your financial affairs. Although existing Enduring Powers of Attorney that were validly created remain valid now, it is no longer possible to make new Enduring Powers of Attorney as they have been replaced by Lasting Powers of Attorney. These are more complicated documents which can be used to authorise someone not only to look after your financial affairs but, if you wish, someone can be appointed to make personal welfare decisions for you instead or as well, if you are no longer able to do so. We are currently looking into whether we can economically offer a service to assist with the creation of Lasting Powers of Attorney.
Deputyships
Sometimes people become physically or mentally incapacitated, due to an accident or illness, and cannot deal with their own financial affairs. If they have not executed an Enduring Power of Attorney prior to 30th September 2007 or a Lasting Power of Attorney from 1st October 2007, an application will need to be made to the Court of Protection for a Deputy to be appointed, to manage the person’s finances. The Deputyship Application process requires proper completion of detailed forms providing the Court with full information about the incapacitated person, their family, their care requirements, their capital assets and income. We can advise you on the information required by the Court and we can also complete the forms of application and obtain orders, as necessary. We can also advise you on the costs and court fees for Deputyship cases.
General Court of Protection Work
When someone has lost their mental capacity, it is sometimes necessary to approach the Court for permission to do certain things on their behalf. Perhaps full Deputyship Proceedings will not be necessary but if it should prove necessary to approach the Court on a specific matter, we will be pleased to advise on doing so and, if you wish, to approach the Court on your behalf. |
