Powers of Attorney and Court of Protection

Lasting powers of attorney

What can I do if I am not able to manage my affairs? You may be worried about what happens to your assets during your lifetime if you are unable to deal with them because of ill health, or perhaps you quite simply do not want to. Lasting powers of...

Moving into care and your property

Moving into care can sometimes mean selling your home. We can help you through every stage of the selling process. Once you have found a buyer, our team will provide advice and guidance to you, or your appointed representatives, regarding completion of the...

Planning for long term care - Tom's story

Tom is 81 and a widower. A few years ago Tom was diagnosed with dementia, and although initially he managed at home with carers to help, the time came where his care needs were too much. So with the help of his family, and advice from Birkett Long, Tom sold...

What happens if you don't make a will?

The law does not require you to make a will but if you die without having made one, your estate, which includes all your property, money and other personal possessions, will be distributed in accordance with the law and your wishes will not be taken into...

What happens if you don't have a power of attorney?

If you no longer have the capacity to make decisions for yourself and you do not have a power of attorney, then someone will have to apply to the Court of Protection to become your deputy. There are two types of application that can be made to the Court of...

Do you need a lasting power of attorney?

Lasting powers of attorney (LPAs) offer great reassurance to all age groups. They allow you to name someone, of your choice, whom you trust to become your attorney (you can appoint more than one person) to look after your affairs in the unfortunate event...

Protecting your farm

In the same way that insurance guards against the unexpected, a lasting power of attorney can give reassurance that the farm will be in safe hands, regardless of a change of circumstances.   A lasting power of attorney (LPA) is a legal document...

Putting your house in order - wills and LPAs

It is important for everyone to put their legal affairs in order.  One of the most important is to make a will.  When someone passes away without a will they are described as having died intestate, meaning their assets will pass following rules...

Solicitor's dementia journey with her mum

Dealing with a client whose relative has dementia is a regular part of Amanda Smallcombe’s life as a partner and solicitor at Essex law firm Birkett Long. But dealing with her own mother’s dementia proved a very different thing for the mother of...

Appointment of successive deputies by the Court of Protection

A deputy is appointed by the Court of Protection for a person who lacks the mental capacity to make decisions themselves but has no Power of Attorney in place. There are two types of decisions that deputies can be appointed for: property and financial...

Premises: perils and opportunities

Whatever your health-related or social care business or undertaking, your premises may give you the opportunity of revenue from sharing or subletting space to other occupiers.  This can provide useful and in some cases vital income streams. ...

Increase in lasting powers of attorney

The creation and use of lasting powers of attorney (LPAs) is on the increase, with many clients now considering them as important as wills, rather than regarding them as just a document for the elderly that they can turn their minds to at a later...

The importance of a Lasting Power of Attorney

Although many of us think that having a discussion about ‘what I want to happen when I die’ is rather morbid, people who do have that ‘talk’ usually go on to make a will so that everything is organised.  People like to ensure...

Health and Social Care Act 2012

On 27 March 2012, the Health and Social Care Bill 2010-12 received Royal Assent to become the Health and Social Care Act 2012 (“Act”). Key reforms under the Act include the introduction of clinical commissioning groups with responsibility for...

Why are lasting powers of attorney so important for care home residents?

Running a care home can be stressful - managing budgets and administration, keeping residents and their families happy and ensuring consistent ongoing care and support.  This burden increases when a resident has an accident, becomes unwell or loses...

Care sector appoints red tape champion

The Care Providers’ Alliance, a coalition of a range of the care sector’s representative bodies, has appointed Dame Denise Platt as its Red Tape Champion. Dame Denise, who has unrivalled experience of the care sector and is respected by both the...

A summer of fundraising fun with Hospice's £50 Challenge

St Helena Hospice is hoping that lots of local businesses will pull together this summer to take part in the Birkett Long £50 Challenge, in aid of the Hospice. In this Apprentice style challenge, which is sponsored by Birkett Long, the Hospice will...

Birkett Long estates and trusts specialist takes STEP to success

Birkett Long Associate Solicitor Vicky Raynes has become a qualified member of the international Society of Trust and Estate Practitioners (STEP). Miss Raynes, a specialist in estates and trusts, undertook an intensive two-year diploma course to attain...

Be Aware of Pension Sharing Orders

A solicitor has warned divorcing couples to be aware of pension sharing orders, which have risen by 11 per cent over the last year. Philip Hoddell, who leads Birkett Long’s Private Client Department, explained that new statistics from legal publisher...

Landmark case reaffirms the importance of Lasting Powers of Attorney for health and welfare

People often feel that in making provision for future events they are somehow tempting fate.  No-one wants to dwell on what lies ahead and particularly the possibility of illness and eventual death.  Some of us will nonetheless make a will. ...

Paying for long term care

The Dilnot report recently created a lot of media attention when it published its recommendations on the funding of social care and support in England.  An independent commission set up last July by the Government was asked to recommend a fair and...

Birkett Long to provide free legal advice for those celebrating Essex Pride

A team of solicitors from law firm Birkett Long will be on hand at Essex Pride in Chelmsford Central Park on Sunday 4 September to provide free legal advice. Those seeking a fun family day out at Essex Pride will be able to drop in on the team for...

Living longer and making plans

Farming is a way of life. Farms, and the control of them, are usually passed down through family dynasties, with farmers taking great care when preparing their Wills to ensure that the farm remains intact and can be run successfully by the next generation. ...

Don't let writing your will turn into a TV drama

Preparing a water-tight will to protect your loved ones rarely requires a family confrontation worthy of a TV drama, assures Essex solicitor. Claire Read, from Essex law firm Birkett Long, is one of the two million people tuning in to watch...

People in their fifties should plan for care home costs now, says Essex solicitor

With care home fees expected to double in the next 20 years, people in their 50s are being urged to take action now to cover costs and ensure loved ones are not left empty handed. That is the message from a leading firm of Essex solicitors which is offering...

New Act Gives Flexibility - The Perpetuities and Accumulations Act 2009

Author: Bruce Hogarth-Jones To a mighty chorus of yawns from those who are not lawyers specialising in wills and trusts, this new Act was passed in 2009 and becomes law on 6 April 2010. What practical difference will it make? There are two main...

Who Runs the Shop When you Cannot?

Author: Claire Read Owners of small businesses have many benefits over their colleagues in large organisations – they determine the destiny of their business, structure it as they see fit and create the environment in which they feel comfortable....

New LPA Forms Here at Last!

The worry of diminishing mental or physical capacity is still at the forefront of many clients’ minds whether it is concern for themselves or for a loved one. Who will be able to pay the bills? Will my son or daughter be able to sell my house to fund...

Age Comes at a Price

It has been well documented that we are an ageing population. The Office for National Statistics estimates that the percentage of the population aged 65 and over rose from 15% in 1983 to 16% in 2008, which equates to an increase of 1.5 million people in this...

Lasting Powers of Attorney

Author: Vicky Raynes Diminishing mental or physical capacity is a worry for many people, either for themselves or in relation to an elderly relative. Who will be able to pay the bills? Will my son or daughter be able to sell my house to fund residential...

It Makes Sense to Think Ahead

Author: Vicky Raynes People are sometimes reticent to make a Will because, understandably, they find it hard to think about death and all that it entails. But in the same way that it makes sense to make provision for your loved ones through a Will, it is...