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“Partners in the firm are often appointed by clients to act as attorneys for them.” Wills and Probate Only by making a will can you gain peace of mind in knowing that your affairs will be left in order. Whatever your circumstances we can offer a personal, bespoke, yet cost-effective service . This can include advice on ways to protect assets from means testing for care fees and inheritance tax planning. We also provide sensitive and practical advice on all aspects of estate administration. We act directly as executors or assist lay executors in this role.

For further information on this topic please contact Kerry Rogers on 01225 324480 or email kerryrogers@stoneking.co.uk

Legal

Services for Older Clients

Disputes We have a wealth of experience in dealing with a wide variety of disputes that can effect older individuals and their families ◆

Disputes relating to a persons’ capacity

Allegations of financial abuse

Disputes about making decisions on behalf of a mentally incapable person

Challenging Local Authority and NHS decisions about the funding of an individuals’ care

Disputes involving the Office of the Public Guardian and Court of Protection

At Stone King we have particular expertise in dealing with older people, their families, friends and carers. The legal problems are often complex and invariably require an approach of patience, extreme sensitivity and tact. At

“At Stone King we have particular

www.stoneking.co.uk Stone King LLP – registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ

© Stone King LLP 06/2012

expertise in dealing with older people, their families, friends and carers.” Stone King we have developed a range of specialist skills to address the particular issues facing older people and their families including:


from the person’s assets for tax planning purposes. Welfare decisions include decisions about the persons on-going care or medical treatment.

Long term care issues Many people are concerned about how they will fund their own long term care or that of a loved one. Means testing procedures can be confusing and it is often not clear who is responsible for funding care and what financial help a person is entitled to. We can advise on who is responsible for funding and ensure that people receive the right financial support. We also work closely with specialist independent financial advisors to ensure you receive the best advice on funding care. Often people are unaware that they might be eligible for non means tested funding for long term care from the NHS. We have secured substantial refunds for clients whose cares fees should have been covered by the NHS, including retrospectively after a person has died.

Powers of attorney We all take decision making for granted. Every decision we make – from the largest to the most insignificant – shapes who we are and what we do. Imagine if you could no longer make decisions for yourself. Who would decide where you live, what medical treatment you receive, what clothes you wear, who has contact with you, how your money is spent and invested? We can advise on the drawing up of Lasting Powers of Attorney (LPAs) – formal documents which give other people authority to make decisions for you when you can’t. With these documents, a person can name attorneys to deal with their financial affairs and/or make decisions about their personal welfare, including decisions about their medical treatment. Partners in our team are regularly appointed as attorneys for people who do not have family or friends they want to appoint as attorneys. Our specialist team not only advises about the preparation of LPAs but also provides advice to attorneys already

Our team has a wealth of experience in making such applications to the Court of Protection. appointed under both LPAs and Enduring Powers of Attorney (EPAs) about their powers and duties We also deal with the registration of both LPAs and EPAs with the Office of the Public Guardian and can assist in circumstances where disputes arise in relation to the registration, use and operation of EPAs and LPAs.

Advance Decisions (Living Wills) Some people want to make their wishes known about what future medical treatment they would or would not like to receive if they lost capacity to make those decisions themselves. These wishes can be recorded with an Advance Decision (sometimes referred to as a ‘Living Will’) and our team can advise on and assist with the preparation of such documents.

Deputyships and Court of Protection Applications Problems can often arise if an individual loses capacity but has not made a valid EPA or LPA appointing someone to manage their affairs. In such circumstances it is possible to make an application to the Court of Protection for one or more people to be appointed as Deputies to make decisions about that individual’s finances and, in certain circumstances, their welfare. The Court can also be asked to make one-off decisions about the finances and welfare of a person who lacks capacity. Finance decisions include amending or making a new will for the incapable person and approving gifts

Managing affairs Often we are approached by older people and their families who don’t know where to turn for help and advice about arranging care for themselves or a loved one. We can liaise with social services, help locate suitable residential/care homes and coordinate the person’s capital and income resources to ensure that their assets are managed and expenses paid in the most efficient and beneficial manner. We can even assist with the arrangements for the person’s move, and the clearance and sale of their property. Sometimes people simply need a helping hand to keep on top of their affairs. In these circumstances we can provide a ‘secretarial service’ to provide help and assistance to individuals to keep their affairs in order and ensure that they are able to continue managing their own finances.


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