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Personal Administration |
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| Click on the team page to find our who our Personal Administration specialists are |
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| Q. |
What can I do to ensure that someone has authority to sign cheques, draw money from my account and deal with my financial affairs on my behalf if I become incapacitated or unavailable for some reason? |
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| A. |
You can grant an Enduring Power of Attorney by appointing someone to act on your behalf if you should, for example, become incapacitated, have to go into hospital or have to travel abroad for long periods.
If you are ill however, it is important to appoint someone to act on your behalf before you become mentally confused.
Robert Barber Solicitors can help you appoint someone to act for a specific purpose, such as selling your house, or generally to act in all your affairs.
It is very important that an Attorney is properly appointed, as it may only become apparent that the appointment is invalid when you may be too confused to do anything about it.
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| Q. |
What happens if I become mentally confused and haven't made an Enduring Power of Attorney? |
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| A. |
You are unable to appoint an Attorney if you have become too mentally confused. Someone will have to apply to the Court of Protection for the appointment of a Receiver to act on your behalf. This application is far more complicated and expensive than preparing an Enduring Power of Attorney.
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| Q. |
What happens to the Enduring Power of Attorney and Court of Protection appointments when I die? |
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| A. |
Both appointments cease on death. After this time your affairs will be handled by the Executors you have appointed in your Will or by others who are appointed on your behalf if you die without leaving a Will (intestate).
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| Q. |
If I have to go into a residential or nursing home will I have to sell my house to pay for the fees? |
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| A. |
You are allowed to have savings (including the value of your home) up to a certain amount (it changes each year) before the Local Authority expect you to pay towards the costs of your care. If you own your home you will be expected to sell it so that you can pay your own care fees.
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| Q. |
I need to go into Residential Care but don't own a house or have any savings. How will the costs be met? |
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If you do not own a house and have assets totalling less than the current threshold then the State will start to fund your care costs. This funding is subject to means testing and you should have a Social Services Assessment before you enter care.
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| Q. |
Is there any way of protecting my home so that I can pass it onto my children or other beneficiaries? |
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Property can generally be transferred, but if the purpose of the transfer is to make yourself eligible for benefits you otherwise would not have been eligible for, then you may be treated as not having made the gift or the transfer can be forcibly set aside. A solicitor can advise you in what circumstances a transfer might be allowable.
You should also consider the provisions of your Will to try and ensure that your children or other beneficiaries will inherit some part of your home.
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GLOSSARY |
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Enduring Power of Attorney - Someone who has authority to deal with your financial and legal affairs on your behalf should you become incapacitated.
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If you have any further questions please call us on 0115 878 9000
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