Lasting power of attorney (LPA)

If they still have capacity to make decisions, they can make an LPA (lasting power of attorney). This will allow them to choose who they would like to make decisions on their behalf if they no longer can. There are two different types of LPAs – one which deals with their health and welfare decisions, the other which deals with their financial decision.

You can find out more about both types of LPAs here.

Our members can advise on the type of document your loved one may need, who to choose as their attorney and the safeguards needed to protect them from the misuse of the LPA. They’ll draft it to suit your loved one’s particular circumstances and needs.

Deputyships

If your loved one no longer has capacity, then you will need to arrange to have a deputyship put in place. This must be done through the Court of Protection and is a more complex procedure than an LPA, but our members are trained to offer support with this process.

You can find out more about deputyships here.

Advance decisions/ living wills

An advance decision enables your loved one to set out details of any medical treatment they do not want in the event they are later unable to communicate their wishes.

Lifetime Lawyers can draft the document and advise on how it applies in practice.

You can find out more about advance decisions here.

Care funding

This is the domain of both a financial adviser and a lawyer. It is important to seek advice that will help your loved one plan for various scenarios: remaining in their own home, moving into sheltered or care home accommodation.

Your loved one will have certain legal entitlements which a Lifetime Lawyer can advise on, including their entitlement to benefit support. This could take the form of welfare benefits, social funding, or equipment from social services and health care, funded by the NHS.

The rules are complex, but a Lifetime Lawyer will be able to provide advice to maximise what your loved one can receive from the state and avoid using their own assets unnecessarily.

You can find out more about care funding here.

Wills

A will enables your loved one to:

• Decide what happens to their property and possessions after death
• Set out what they would like for their funeral including, for example, if they would prefer charitable donations to their favourite charity as opposed to flowers

Without a will, their assets may be distributed according to ‘the intestacy rules’ rather than your wishes. You can find out more about intestacy rules here.

Lifetime Lawyers can advise your loved one and draft their will to be so that it is tax and administratively efficient, whilst reducing the risk of a claim being made against their estate after your death.

You can find out more about wills here.

Gifts

By making timely gifts or putting assets into a trust during their lifetime, your loved one can pass on their estate before you die.

Any proposed gift needs careful consideration of the benefits, risks and implications on tax, their financial security and any future liability for care.

An Lifetime Lawyer will be able to advise you on this.

You can find out more about gifts and gifting here.