RUGBY Offices

Private Client Department, Address: 16 Church Street, RUGBY, CV21 3PW, Telephone: + 44 (0) 1788 579 579, Fax: +44 (0) 1788 570 949

Conveyancing Department, Address: 26 Regent Street, RUGBY, CV21 2PS, Telephone: + 44 (0) 1788 551 611, Fax: + 44 (0) 1788 551 597

Commercial/ Wills, Trusts & Probate Departments, Address: The Robbins Building, 25 Albert Street, RUGBY, CV21 2SD, Telephone: + 44 (0) 1788 579 579, Fax: + 44 (0) 1788 552 888

LONDON Offices

2nd Floor Berkeley Square House, Berkeley Square, London, W1J 6BD, Telephone enquiries: +44 (0) 2078876590, Fax number: +44 (0) 207 8876001

BANBURY Offices

Strathmore House, Waterperry Court, Middleton Road, BANBURY, OX16 4QD, General Telephone enquires: + 44 (0) 1295 270999

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Deputyships


Planning for and Coping with Mental Incapacity

No one likes to think about losing the capacity to look after their affairs, however none of us know what is in store in the future. As part of the planning process we recommend that you consider making a Power of Attorney appointing a trusted friend or adviser to manage your financial or health and welfare matters should you lose the capacity to manage them yourselves.

Enduring Power of Attorney (EPA) - A document completed pre 1 October 2007 in which individuals are appointed to manage financial affairs only. These documents are still valid after this date and can be used without registration. EPA’s can no longer be taken out as they have been replaced by LPAs.

Lasing Power of Attorney (LPA) – An LPA is a legal document completed after 1st October 2007 which enables you to appoint one or more people that you trust to deal with your affairs. This replaced the old Enduring Powers of Attorney.

There are 2 types of LPA:-

  • Property and Affairs – Enables your attorney to deal with your property and financial affairs for example in relation to bank accounts, investments selling property. It can only be used when registered with the Office of the Public Guardian even if you still have the capacity.
  • Personal Welfare – Allows your Attorney to make personal welfare decisions on your behalf if you are unable to do so; including residence, health and care decisions. You may also make statements relating to life sustaining treatment. This type of LPA can only be used once you become mentally incapable.

Court of Protection (COP) – The arm of the court system in place to oversee the administration of the affairs of the most vulnerable population of the UK.

Office of the Public Guardian (OPG) – The administrative arm of the COP formerly the Public Guardianship Office (PGO).

Receiverships and Deputyships – The appointment of an individual by the COP to administer the affairs of an incapacitated person who has not made a Power of Attorney.

Certificate Provider – An independent person required to certify that an individual has the mental capacity to make an LPA.

Statutory Will - A Will created on behalf of an individual subject to a Deputyship, and executed by order of the COP.

At Brethertons we offer a range of services to meet the needs of elderly clients and clients with elderly relatives. We place great importance and emphasis on establishing strong relationships with our clients and believe with our support and specialist advice, planning for the future won’t be as daunting or costly and time consuming as if you sit back and do nothing.

We are able to advise on many issues affecting the elderly client and can help with:

  • Planning for long term care, including Preparing and advising on Powers of Attorney, Wills and Inheritance Tax planning
  • Dealing with the Court of Protection and Deputyships Applications
  • Registration of Enduring and Lasting Powers of Attorney
  • Management of affairs and finance
  • Preservation of Assets

 

Wills Trusts Probate Law Nadja Virani-Bland

Nadiya Virani-Bland
Tel:  (01788) 559 503
nadiyavirani-bland@brethertons.co.uk

 

 

 


"Thank you for all your help through these difficult times."