Dealing With a Loved One's Affairs

We understand that a family member or loved one losing capacity can be a stressful and upsetting time. We also understand that these applications can sometimes become lengthy and complicated at times.

Our family solicitors have extensive experience; we will offer the expert support and advice you need to assist you through the process of dealing with a loved one's affairs.

Would you know what to do if you became responsible for handling the financial affairs of a loved one who has serious health issues or who can no longer make their own decisions?

As life expectancy increases, handling your financial affairs later in life can become more difficult, whether due to physical or mental incapacity. Many individuals prepare for this outcome by making a lasting power of attorney (LPA). A LPA is made on a special form and is a very powerful document which allows someone you appoint to make financial and health decisions on your behalf. You can also make a LPA to deal with Health and Care issues.

Where a person is already unable to handle their own affairs it is too late for a LPA to be prepared. A third party must apply to the Court of Protection to be appointed as deputy for the person without capacity. This can be a complicated, time consuming and lengthy procedure. Our family solicitors have extensive experience in dealing with the court, we will offer the support and assistance required to ensure that the person’s needs are catered for in the interim. Only about 4% of health and welfare deputy applications are successful, and Birkett Long has a 100% success rate!

Our family solicitors will help with the following questions you may face;

• How do I apply to the Court of Protection to make decisions on someone’s behalf when they have lost capacity?
• How do I make lifetime gifts to mitigate Inheritance Tax?
• Can I make an application to the court to make a will for someone who has lost capacity (known as a statutory will)?
• Do you have concerns about financial mismanagement or abuse by an attorney or deputy?
• Are you dealing with objections to registrations of powers of attorney? (including enduring powers of attorney)?
• Have objections been raised when you have applied to be someone’s deputy?
• Is there a dispute with a deputy or attorney and do you need to make an application for their removal? Or are you defending an application for your removal as a deputy or attorney?