This area of our work covers what can be done to plan for the future whilst you have the mental capacity to do so. This includes Lasting Powers of Attorney, protecting your assets (particularly your home) from means tested liabilities (for example paying for Care Home fees) and Wills. When someone does not have the capacity to make such decisions it may be necessary for someone else � a relative or friend � to apply to the Court of Protection for an Order giving that relative or friend power to make those decisions. Procedures and forms are complex but we can guide you through them. LASTING POWERS OF ATTORNEY An LPA is a legal document that allows you to choose someone who you trust to make decisions on your behalf about things such as your property and finances or your personal welfare. You may wish the person to exercise those powers now or in the future when you are not able to make the decision yourself. There are two forms of LPA. One has the cumbersome name of Property and Affairs Lasting Power of Attorney. This enables the Attorney (person to whom you give the power) to manage your bank accounts and investments. They can also pay your bills and deal with all the financial aspects of your home. The other type of LPA is the Personal Welfare Lasting Power of Attorney. This allows the Attorney, for example, to give or refuse consent to particular types of health care, including medical treatment decisions. The Attorney can also take the decision as to whether you continue to live in your own home or whether residential care would be more appropriate for you. It is important that the wording of such a power is very carefully prepared to protect your best interests. OFFICE OF THE PUBLIC GUARDIAN AND THE COURT OF PROTECTION Lasting Powers of Attorney were introduced in October 2007. They are not effective until registered with the Office of the Public Guardian. Before that time it was possible to make an Enduring Power of Attorney (EPA). These only related to financial matters and could be used without registration. They are still valid but MUST be registered if the Attorney believes the donor is or is becoming mentally incapable. We can help you make that application. If there is no EPA or LPA and a person loses mental capacity it will be necessary for someone (usually the next of kin) to apply for a Court of Protection Order to manage the incapacitated person's affairs. We have experience to help you make that application. If an Order is made in your favour you will be known as a Deputy. If you had the benefit of an Order before October 2007 you will have become a Deputy but will not have full powers until you ask the court to give them to you. In any event, no matter in what capacity you act it may be necessary from time to time to seek a further order of the court. It is also possible to apply to the court to make or vary a Will for a mentally incapacitated person. PROTECTING YOUR ASSETS People, especially older people, often worry about paying for residential care or nursing home fees. In particular there is the worry that the family home that they have worked hard to buy will have to be sold to pay those fees thereby reducing what they can leave to their children. Giving the home away now has many drawbacks. In due course the children could be liable for capital gains tax. There is a way of avoiding most of these problems by establishing a family trust. Contact us (or click the link below) for free copy of our booklet explaining this in more detail or make an appointment to discuss whether this will give you peace of mind.

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