Elderly Client Work

Many of our clients at Bone & Payne are elderly, and so we are very experienced in providing clear and supportive guidance and advice specifically for the older generation. We have Solicitors who are members of The Association of Lifetime Lawyers and the Society for Trust and Estate Practitioners. We can help with Powers of Attorney, applying to the Court of Protection for Deputyship Appointments, statutory Wills and Trustee applications. One particular area of concern for older clients is the funding of care, whether long-term planning or the need for immediate advice on the entitlement to local authority funding, NHS continuing care and disability benefit entitlement. We can provide advice on such entitlements based on your individual circumstances.

Powers of Attorney

A Lasting Power of Attorney (LPA) is a legal document giving someone you trust, your attorney, the legal authority to make decisions on your behalf whether in respect of financial matters or in respect of health and welfare if you lose mental capacity at some point in the future, or if you no longer want to make decisions for yourself. If you are an attorney yourself and want help or advice in managing someone’s affairs, we can help you. Our friendly team will discuss your situation and offer advice, guiding you through the process with care and attention.

Deputyship

Where an individual loses capacity to manage their property and financial affairs, and in the absence of a Lasting or Enduring Power of Attorney, then the only alternative is to make an application to the Court of Protection, which has jurisdiction over the property, financial affairs and personal welfare of people who lack capacity to make decisions for themselves. The Court of Protection can appoint a Deputy to manage the property and affairs of an individual who lacks the mental capacity to handle things themselves. A Deputy can only act under a court order from the Court of Protection, which sets out the powers of the Deputy. If you or a relative has to deal with the Court of Protection, we can guide you through the process and offer our supportive expertise in making sure you understand and are able to follow their decisions. We can also act as your Deputy on appointment by the court. If you are a Deputy yourself then you might need help and advice in carrying out your duties – we can help you with all aspects of this. The role of a Deputy is subject to supervision by the Office of the Public Guardian and should not be taken lightly. The Deputy must follow the principles of the Mental Capacity Act 2005.

Care Fees

When a relative or close friend goes into care, this can be an upsetting time for many. The rules relating to care funding can be complex. A person entering care will either be self-funding, retrospective self-funding (the Local Authority pay some of the fees until a property is sold and repayment is made to the Local Authority) or publicly funded entirely by the Local Authority. The type of funding can have different implications for entitlement to disability benefits and pension credit. If the Local Authority becomes involved then it will carry out an assessment based on a person’s total capital, including the value of their home. We can advise in respect of any disputes with the Local Authority concerning the financial assessment. In some situations, for example when a person has complex care needs, they may be entitled to have their care paid for by the NHS. We have experience of dealing with claims for NHS Continuing Health Care. We often act as professional Deputy or Attorney when there is no one available to manage a person’s financial affairs on their behalf and work closely with local care agencies and advocates. We have experience of acting for elderly clients who have borderline mental capacity and are at risk or suffering financial or other kinds of abuse. If you are concerned about the cost of future care or are concerned about an elderly relative and want some advice, contact a member of our Elderly client team to find out how we can help. If you are unable to attend one of our offices, we are happy to visit you at home or a place more convenient to you.

Our charges

Lasting Powers of Attorney

There is a considerable amount of work necessary to create a Lasting Power of Attorney (“LPA”). Each LPA requires considerable thought and discussion to identify suitable Attorneys and any replacement Attorneys, or whether anyone is to be notified when the LPA is registered at the Office of the Public Guardian. In most circumstances, we can act as Certificate Provider, and certify that the person creating the LPA understands it and signs it free of any undue influence. In some circumstances, the client’s capacity to sign an LPA is uncertain and we may need to involve a Doctor to act as Certificate Provider.

There are two types of LPA. One deals with the management of property and financial matters, whilst the other deals with decisions about health and care. We offer fixed fees to set up LPAs which covers all the work including the creation of each LPA, acting as Certificate Provider where appropriate and also registering each LPA at the Office of the Public Guardian:

Individuals:

Either a Property and Affairs LPA or a Health and Care LPA – £395 plus VAT
Both types of power – £495 plus VAT

Couples:

Either a Property and Affairs LPA or a Health and Care LPA – £495 plus VAT
Both types of power (4 in all) – £990 plus VAT

The Office of the Public Guardian charge a fee of £82 to register each LPA. It may be possible to claim a fee exemption or reduction and we can discuss this with you.

If we need to carry out a visit away from the office during the preparation of the LPA, then we may charge a fee to reflect the additional time spent.

Deputyship Applications

In all but the most complex cases, our fees will be those fixed by the Court and which are currently £950 plus VAT. There is also a Court fee of £371.

There may also be a fee payable in respect of any capacity assessment carried out by a Doctor which is usually in the region of £150 – £300.