Wills, Power of Attorney & Guardianship
“It is never too early to consult your solicitor”
Sadly, diminished mental capacity without a Power of Attorney and death without a Will can produce horrendous emotional, welfare and legal problems. We provide a full range of services literally from cradle to grave and beyond.
The making of a Will for many of us holds the same taboo as the subject of death itself and yet the properly made Will is as common and essential a part of modern life as the electric kettle.
Power of Attorney
The value of granting a Power of Attorney cannot be over-estimated. Human longevity is increasing. In a recent census it was disclosed that there are more people alive over the age of 60 than under the age of 16. When we are young and perhaps have a young family, we have no difficulty in accepting it is appropriate to arrange life insurance to provide protection to our families in the event of early or untimely death. Similar considerations apply throughout life and in particular when we become older, the granting of a Power of Attorney is important. A suitable Power of Attorney can mean that our families can avoid the horrendous difficulties which can arise when an individual loses mental capacity.
In such circumstances, if no suitable Power of Attorney is in place the financial and business affairs of a client can be impossible to manage in the short term. If the loss of capacity is permanent, then the family of that person will require to go through complicated, time consuming and expensive process of having a financial and perhaps welfare Guardian appointed through the court. All of this expense and the stress can be avoided if a suitable Power of Attorney which allows speedy and appropriate intervention on behalf of the person is in place.
If a party loses mental capacity and is no longer able to deal with their own affairs, then if there is no Power of Attorney in place, then application requires to be made to the court to have a Guardian appointed. A Guardianship is a complex and rapidly developing part of our private law, particularly since more and more people are living longer and sadly as a result, the issue of diminished mental capacity is becoming more widespread.