www.hartbrown.co.uk distinctly better. alyson coulson and shaun parry-jones partners, trust &...

www.hartbrown.co.uk

Distinctly Better

www.hartbrown.co.ukwww.hartbrown.co.uk

Alyson Coulson And

Shaun Parry-JonesPartners,

Trust & Investment Department

Presentation to: Guildford & Waverley CCG

28th January 2014


Get proper advice! This talk is for general information only.

They are general thoughts and principles and should not be relied on for your own purposes as everyone’s circumstances are different.

Before taking any action, you do need to consider taking proper independent legal advice, which will address your particular circumstances in respect of the matters discussed.


About Hart Brown

1. One of the largest legal practices in

Surrey

2. Founded in 1919

3. 6 offices: Woking, Cobham, Cranleigh,

Guildford, Godalming and Wimbledon

Village

4. 15 Partners – about 105 staff


About our Legal Departments

Commercial business

Commercial property

Residential property

Family

Civil

Trust & Investment


Trust & Investment

16 lawyers

IHT planning

Trusts

Wills

Estate administration

Lasting powers of attorney


Lasting Powers of Attorney

Shaun Parry-Jones

“Qualified”

Age is no concern!



Wills

MCA 2005



What are they?

Powers of attorney

Enduring powers of attorney

Lasting powers of attorney

.... and if you don’t make provision?



The Alternative

Appointment by the Court of Protection

Deputyship

Who applies?

Costs

Restrictions – acting on behalf of the Court

Accounts



2 Parts

Property and financial affairs

Health and welfare




Buying and selling property

Operating bank accounts

Dealing with investments

Tax affairs, claiming benefits



Health and Welfare

Where to live and who to live with

Day to day decisions, diet, dress

Medical examination or treatment – refusing/consenting



Health and Welfare

Who the donor has contact with

Assessment for and provision of community services

Arrangements to facilitate dental or medical treatment



Health and Welfare

Complaints about the donor’s care

Whether the donor should take part in social or leisure activities, education or training

Personal correspondence and papers



Health and Welfare

Rights of access to personal information (e.g. medical records)

Life sustaining treatment-specific question, witness required

Advance decisions v LPAs


Advance decisions

Valid; and Applicable Capacity Consequences



The Process

Take instructions

Draw up and sign the document

Certificate – skills or knowledge based, 1 or 2 providers

Attorneys sign

Register the LPA



Drawing up the document

Appointment – how many Attorneys?

Joint or joint and several? or both!

All property and affairs?

With restriction?

Dialogue boxes



When does it come into use?


Health and welfare



Checks and balances

Choice of attorney

Certificate/s

Storage of document

Registration

The register



Registration process

Notice

Application

Registration

The attorney can then assist

Role of the Court of Protection



The question is:

What will happen if you, someone close to

you, or someone in your care, lose capacity?

Don’t put it off or leave it to chance

Act now, it doesn’t just happen to others!


Questions?

Alyson Coulson & Shaun Parry-JonesPartners with Hart Brown


Practical issues

When will you be asked to work with us as lawyers?

Assessment of mental capacity

Completion of formal forms for the Court

Acting as witnesses on documents


When might capacity assessments be required?

Making a will

Making or registering a power of attorney

Revoking a power of attorney

On application for deputyship – capacity to manage financial affairs


Witnessing documentsWhy do we ask? – the “golden rule”

Kenward vs Adams (1975)

Where a will has been drawn up for an elderly

person or someone who is seriously ill, it

should be witnessed or approved by a medical

practitioner.

It is assumed that the medical professional will

have made an assessment of capacity.


To assist or not?

What is the policy of your employer?

Take advice from your professional body

Do you feel confident to assist?


Questions?

Alyson Coulson & Shaun Parry-JonesPartners with Hart Brown


Distinctly Better

www.hartbrown.co.uk distinctly better. alyson coulson and shaun parry-jones partners, trust &...

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