Deputyships

When someone has lost capacity to look after their own affairs but they haven’t in place a valid Lasting or Enduring Power of Attorney then someone (a member of the family, a close friend) will have to apply to the Court of Protection. This gives the authority to look after that person’s property and affairs and in certain circumstances make decisions about their health and welfare.

In this instance anybody applying would be referred to as a Deputy.

Powers of Attorney

We are regularly instructed to prepare Powers of Attorney for individuals. A Power of Attorney is a document in which an individual (the Donor) gives another individual (an Attorney) power to look after their property and affairs.

We are able to advise on all aspects of Powers of Attorney and deputyship and other applications to the Court of Protection regarding the affairs of a person who may not have capacity to make certain decisions.

Statutory Wills

When a person without sufficient capacity either does not have a will or perhaps has a will which is no longer relevant (maybe because the main beneficiaries of the existing will have passed away or no longer have any dealings with the person) then the Court of Protection is also able to authorise someone to sign a will on behalf of the incapacitated person in terms approved by the Court. This is called a Statutory Will and the team at Allington Hughes can take you through that process to final execution of the Statutory Will and its safe storage.

General Applications

The Court has jurisdiction to make decisions over all areas of the affairs of a person who lacks capacity to make those decisions themselves. This includes situations where there is a Lasting or Enduring Power of Attorney but the authority granted under those documents do not extend to the type of decision to be made.

We can help you with issues which need addressing but also constructively look into alternative “lighter touch” options.

Caring for an Adult

Allington Hughes has an experienced and dedicated team to help you with making decisions regarding your own future and for helping relatives or friends when they cannot make decisions regarding their property and affairs or health and welfare themselves.

• Making decisions about your own future
• Caring for another individual
• Statutory Wills

Care Fees

When a relative or friend requires permanent residential care it is, more often than not, an extremely distressing time. There are of course both emotional and financial consequences to such a move.

An individual is normally required to pay their care fees if their capital exceeds a certain level. There is always a risk that this can affect not only your savings, but also the house that you own.