Careful lifetime planning at any stage in your life can make all the difference as you grow older and as your circumstances change. It can give you certainty and ease the burden on family and friends.
Lasting Powers of Attorney Health and Welfare
A Lasting Power of Attorney Health and Welfare can allow you to appoint one or more people to make decisions about your health and care if you are unable to make those decisions yourself.
The types of decisions can include all those simple things we take for granted such as our diet and daily dress, through to bigger decisions like where we are to live and what type of care we might receive. In the most serious of cases your Attorneys, if you so choose, may have the power to decide whether or not to give or refuse consent to life-sustaining treatment on your behalf.
Funding your care
An important part of lifetime planning relates to making sure you are prepared for later life care. The Care Act 2014 which came into force in part in April 2016 brings in changes as to how the social care system will work in the future.
We are able to advise on the different types of care available and how payment for this care may be funded.
It is a commonly held belief that parties that live together for any significant length of time gain ‘rights’ against their partner and/or their partner’s property and assets.
The actual position is that in law there are no automatic rights which are gained by either party when a couple simply live together.
Arguments over property and other assets can be avoided if the intentions of the couple so far as property, assets and general financial arrangements are concerned are set out clearly in a written agreement. Our Family Department will be able to give you full advice as to the matters that require careful consideration when entering into such agreement.
Pre-nuptial and Post-nuptial Agreements
Pre-nuptial and postnuptial agreements have become increasingly common over recent years, but at present are still not formally recognised as part of English Law. Despite this, where parties have entered into such an agreement and a marriage subsequently fails, the existence of a pre or post-nuptial agreement is something which the Court will have serious regard to.
There are various safeguards which need to be in place in order to ensure that the agreement is given serious consideration by the court in any subsequent divorce proceedings, and it is essential that legal advice is taken well in advance of a wedding to ensure there is plenty of time for the couple to discuss how they want to approach such an agreement. The members of Fraser Dawbarns’ Family Department are able to give detailed advice on the preparation of pre and post-nuptial agreements.
Court of Protection
When a person has been assessed as lacking mental capacity and does not have in place an appropriate Lasting Power of Attorney, the Court of Protection will often become involved.
Fraser Dawbarns LLP offers specialist advice and service relating to issues concerning an individual’s mental capacity and the associated proceedings at the Court of Protection.