Most people will need some legal help and advice at some point in their life and our lawyers are here to help. All of our lawyers are experienced in advising the elderly and several are accredited members of Solicitors for the Elderly, an independent, national organisation of lawyers, such as solicitors, barristers, and chartered legal executives who provide specialist legal advice for older and vulnerable people, their families and carers.
Whether you need help with making a Will, setting up Lasting Powers of Attorney, advice on what steps can be taken to protect the home and other assets from care home fees or help and advice in managing your affairs, our specialist lawyers are here to help.
At MW, our mission is "to make quality legal services accessible to everyone" and we can help with applications to the Court of Protection to appoint a deputy and give help and advice in managing your affairs if this becomes necessary.
Having a will is the surest way of knowing that your estate will pass to whoever you decide should receive it.
When drafted professionally by a solicitor, a Will can give you the security of knowing that you have chosen who will administer your estate and make sure that any debts you have will be paid from your estate and that your funeral wishes will be carried out. During the process of having a Will prepared you have the opportunity to consider the value of your estate and address any concerns you have about the potential inheritance tax liability your beneficiaries may face. Wills are legal documents and small errors can cause huge problems, and mistakes can make it easier for someone to challenge your Will.
There are various legal formalities that need to be followed and if these are not followed correctly then your will may be invalid. Our solicitors offer expert advice and will guide you through the process of preparing your will from start to finish. Your Will can then be securely stored with us for no extra charge.
Lasting Powers of Attorney
A Lasting Power of Attorney (LPA) is a legal document that appoints a trusted friend, relative or professional (known as an attorney) to help manage your financial affairs and/or make decisions about your health and welfare. This will give you peace of mind and avoid unnecessary cost, time and stress for your loved ones later on. If you do not have an LPA, someone may need to apply to the Court of Protection to be able to manage your affairs.
This can be a costly and lengthy process and can be very stressful for those involved. You will not have control over who applies to the court and this could mean that someone who you would not necessarily have chosen will be able to make decisions on your behalf. You can read more information about this on our Powers of Attorney page or if you would like to speak to one of our specialist lawyers call us today on 0203 551 8500 or use our Contact Us form to arrange a callback.
Court of Protection and Statutory Wills
Sometimes people do not have sufficient mental capacity to make a Lasting Power of Attorney and it becomes necessary for their family to make an application to the Court of Protection to appoint a “Deputy”. A Deputy will have the power to manage the financial affairs of the person who lacks capacity, although this can be limited by the Court and there are strict rules on how the Deputy can act and the types of decisions that they can make. Our specialist lawyers will be able to assist with the application and advise Deputies on their roles and responsibilities.
Similarly, when a person lacks the mental capacity to prepare a Will for themselves, it is possible to make an application to the Court of Protection to get a Will put in place. This is known as a Statutory Will and our specialist lawyers can assist in all matters relating to such Wills.
If you would like to talk to one of our specialist solicitors regarding a Court of Protection application or a Statutory Will call us today on 0203 551 8500 or use our Contact Us form to arrange a callback.
Care Home Planning
It is estimated that one in four of us will be living in a care home during the final years of our life. The current average cost of care home provision is £36,000 per year and if you own your own property or have savings you may find that these are eroded away on care home costs and will not pass to your loved ones as you had hoped.
We can provide you with advice on how you may be able to prevent your assets being lost to pay your care home fees. You should always take legal advice before transferring assets to ensure they do not fall foul of the rules for deprivation of assets.
We Can Help
If you are thinking about or are worried about the costs of moving into a care home you can speak to one of our specialist solicitors call us today on 0203 551 8500 or use our Contact Us form to arrange a callback.