46 WILLS & PROBATE


THE IMPORTANCE


OF LASTING POWERS OF ATTORNEY


By Wendy Anderson Partner, PM+M


You will have likely heard of Lasting Powers of Attorney (LPA), possibly in relation to elderly relatives, but do you have one in place for yourself?


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Supporting you to make the best decisions for you, your business and family through expert business planning and probate advice.


SPEAK TO US TODAY: 01254 679131


enquiries@pmm.co.uk www.pmm.co.uk


An LPA provides the legal framework for someone you trust to make key decisions on your behalf if you lose mental capacity.


That could be when you’re older and possibly develop dementia or if you were to sustain a head injury in an accident, for example.


The problem can be, if it is something unexpected, it is often too late to do anything about it as once someone has lost mental capacity, you can’t set up an LPA and you must apply to the Court of Protection.


This is often an expensive and time-consuming process.


There are two types of LPA,


one relating to health and care decisions and one relating to financial decisions.


Many assume that a family member will be given the legal right to make decisions on their behalf, but this isn’t always the case. It is sensible planning for everyone to get LPAs set up, think of it as a type of an insurance policy, you hope you will never need them, but they are in place if you do.


Incapacity can strike anyone at any time and putting an LPA in place ensures that someone you trust will look after your affairs if you become unable to do so.


If you would like more information on setting up an LPA or would like to discuss the financial considerations in more detail, please get in touch.


Family Matters Criminal Defence


Wills & Probate Court of Protection


CREATING A WILL FOR SOMEONE WHO CAN’T


By Nicola Jane Mawson Solicitor and Head of Court of Protection


If a person no longer has the capacity to make their own decisions, understand the consequences of those decisions or is unable to communicate those decisions they will be unable to validly create and execute their own will.


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If someone no longer meets the requirements of ‘Testamentary Capacity’, they require a statutory will which must be approved by the Court of Protection before it becomes a valid legal document.


Burnley 01282 426666 Blackburn 01254 913203 Preston 01772 203000


The Court of Protection is a specialist court and deals with cases where someone no longer has the mental capacity to make decisions for themselves. In these circumstances the court might think it appropriate to appoint a deputy to assist.


The aim of the Court of Protection is to protect the best interests, wellbeing, welfare and wishes of those who have lost their mental


capacity, and can no longer make certain decisions on their own.


A person not having the mental capacity to manage finances does not necessarily mean that the person is unable to make a will. Each situation will be unique so it is always best to seek professional legal and/or medical advice as to whether a person no longer has Testamentary Capacity.


Once a solicitor and/or doctor has advised that a statutory will is needed, you can start the application to the Court of Protection.


There are some forms that need to be filled out and some supporting documents that you’ll need to supply.


Waddington and Son Solicitors specialise in statutory wills and Court of Protection applications for deputyships. If you require assistance or further information please do not hesitate to contact us on 01282 426666.


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