10 news/legal expert
Deciding for those who can no longer decide for themselves
You have likely heard of a lasting power of attorney but do you know what it means? asks Sonia Green, partner at Glanvilles
A lasting power of attorney enables you to give authority to a person or persons who will then be able to act on your behalf in connection with your property and affairs. It is a common misconception that lasting powers of attorney are only appropriate for the elderly and more specifically those suffering from dementia. This is not the case.
Incapacity can take various forms, both physical and mental. Physical incapacity is often overlooked. Incapacity of whatever nature does not always discriminate on age.
Have you considered how your affairs, both business and personal, would be managed if you were unavailable, or unable, to deal with these matters yourself? If not, you should think about making a lasting power of attorney.
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Where a person has not taken proactive steps to put their affairs in order, and they have become mentally incapable, an application must be made to the Court of Protection. The application which would need to be made is for a deputy to be appointed. A deputy is akin to an attorney but subject to the supervision of the court and restrictions imposed by it.
You should note: • the deputy appointed may not be the person who you would have chosen to deal with your affairs;
• the court does not like multiple appointments;
• a medical certificate will need to be provided by a medical professional who will be privy to all your financial details;
• a costly court fee is payable up front followed by annual supervision fees and an insurance bond;
• unchallenged applications can take several months, those which are challenged will likely take much longer.
You will have worked hard to build up the estate that you have got. Not only should you consider how to ensure that your estate is applied to your advantage during your lifetime, you should also take steps to make sure it is applied as you would wish upon your death.
You know the way to achieve this is to make a Will.
Did you know that if you do not have a Will, or your Will is out of date, that an application could be made to the court to ask them to make a Will on your behalf? This is called a statutory Will. The court is reluctant to make testamentary decisions on behalf of mentally incapacitated
individuals, but it is a power that they will apply in appropriate circumstances.
The question to ask yourself is why would you leave it to chance? Take proactive steps to protect yourself and your family.
Details: Sonia Green 01329-282841
sonia.green@
glanvilles.co.uk www.glanvilles.co.uk
Bond Dickinson advises on deal for solar farm project
Energy lawyers from the Southampton office of national firm Bond Dickinson have advised Hadstone Energy, which specialises in developing, building, operating and investing in solar farms, on an agreement with Belltown Power for the funding and sale of the 10.2MWp solar farm project at Watchfield in Somerset.
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West Wing, Cams Hall, Fareham, Hampshire PO16 8AB Tel. (01329) 282841
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As part of the agreement, Hadstone will provide ongoing services to Belltown in relation to the project.
Energy partner Sebastian Briggs led the team that advised Hadstone, and was supported by Stephen Ryde-Weller, Libbie Henderson, Jenny Thompson and Ronan Lowney.
Briggs commented: “We are pleased to have advised Hadstone on this strategically important transaction. There is real appetite within the sector for quality projects and Hadstone’s
professional approach to the development of the Watchfield project is demonstrated by the fact that it is Belltown’s first solar acquisition.“
Hadstone’s directors Philip Deeks and James Rowe commented: “We are delighted to have completed this transaction with Belltown Power, with whom we have worked for a couple of years. Sebastian and Stephen were very helpful, they were always responsive and we will be using them again. Their expertise and knowledge of the renewable energy sector were important contributions to achieving a successful outcome.“
The Watchfield solar farm project received planning permission on August 1, 2013, and is scheduled to start construction next month. Once constructed, the site will power over 2,000 homes
and save 4,500 tonnes of CO2 emissions a year.
THE BUSINESS MAGAZINE – SOLENT & SOUTH CENTRAL – DECEMBER 13/JANUARY 14
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