Sector

Wills, Probate, Tax and Trusts for the Care Sector

Our specialist team can assist you, your residents and their families by advising on matters such as Lasting Powers of Attorney, Wills and Inheritance tax planning, Deputyships, Probate and administering estates.

BUSINESS OBJECTIVES ACHIEVED

Supporting residents

We can provide advice and assistance on personal and financial affairs in-house to health and social care organisations as an added value benefit to residents and their families.

Our specialist team can assist you, your residents and their families by advising on matters such as Lasting Powers of Attorney, Wills and Inheritance tax planning, deputyships and other Court of Protection matters, Probate and administering estates.

Members of our team make visits to care homes in the Lancashire area or in appropriate circumstances can deal with matters remotely. We can provide information sessions to residents and their families and also specific briefings to staff on matters to be aware of.

Lasting Powers of Attorney

Mental capacity issues are a daily fact of life for care homes. Mental incapacity can affect anyone of any age, at any time so ensuring practical arrangements are in place sooner rather than later is recommended.

A Lasting Power of Attorney (LPA) is a legal document which enables your residents to plan ahead and set out what they would like to happen should they become incapable of making decisions in the future.

There are two forms of LPA:

Property and Financial Affairs - enables Attorneys to assist with, and if necessary completely manage, all financial aspects for your residents
Health and Welfare - enables Attorneys to make welfare and healthcare decisions should the resident lack mental capacity.

Before the Attorney can act, the LPA, must be signed and registered with the Office of the Public Guardian. The Property and Financial Affairs LPA can be used as soon as it has been registered whether or not the person making the LPA (the donor) has mental capacity to make financial decisions.

The Health and Welfare LPA can only be used if the donor lacks mental capacity to make health and welfare decisions for themselves. To reduce any delay when it becomes necessary for the Attorneys to act, the registration process is normally dealt with when the LPA is finalised.

An LPA can only be made whilst the donor has mental capacity to understand the scope and extent of the power. It is therefore vital to have LPAs in place before your resident loses mental capacity. LPAs can still be prepared for residents who are physically incapable.

If your resident has already lost mental capacity and has not made an LPA then it may become necessary for an application to be made to the Court of Protection for a deputy to be appointed. This can take a long time, is more costly and stressful for both the resident and care provider. We can assist with such an application to the Court of Protection.

Should a resident have no family available, we can assist in managing their affairs, as well as advise Attorneys and Deputies.

Forbes Solicitors are experts in the complex areas of Wills, Probate, Tax & Trusts but the legal advice we offer is straightforward and easy to understand. Our dedicated team of Solicitors, including members of the Society of Trust and Estate Practitioners (STEP) and Association of Lifetime Lawyers (formerly Solicitors for the Elderly) are friendly and approachable and are happy to discuss particular family circumstances.