Elderly Care

Peace of mind, for you and your family, with practical guidance and support from your local solicitors.

As more of us live longer, it’s comforting to know there are some simple steps you can take now to help yourself, and your family, enjoy your later years with fewer worries.

Our reassuring Elderly Care Solicitors have expertise in providing specialist legal care for our older clients and their families, anticipating and overcoming the problems associated with a longer life.

This can range from help with managing finances and bank accounts, making decisions about health and current or future care needs, and addressing concerns about the capacity of a vulnerable person.

We will talk you through your options in clear terms you can understand, at your pace, in a calm, supportive environment. We can even come to you, if you’re local and unable to come to us.

Lasting Powers of Attorney

Lasting Powers of Attorney (LPA or POA) allow you to choose trusted family members, close friends or professionals to act for you. This means that should you ever lose the capacity to make decisions for yourself, even temporarily – perhaps after an accident or operation, someone is already in place to help. When you establish an LPA, you’ll be able to make your preferences known, so the person acting for you can ensure your wishes are respected.

While most people associate this with elder care, you’re never too young to consider who you’d like to assist you. Having this in place simply makes life easier for your nominated person, should it ever be needed, without the need for them to go to court.

A Property & Financial Power of Attorney can help by allowing your attorney to take on the task of speaking to companies or making payments on your behalf, such as your pension providers, insurers and financial advisers. They can also make decisions in relation to your property.

A Health & Welfare, or Medical Power of Attorney as it’s also known, will allow your attorney to make decisions about your health care if you are unable to communicate your wishes.

Having a Lasting Power of Attorney set up in advance means that your chosen attorneys can help you without having to go through any further formality, such as a Deputyship – see below.

Find out more about Powers of Attorney here

Deputyship

A Deputy is a person approved by Court, subject to supervision and insurance requirements, who is assigned to look after making decisions for a person who has lost their capacity to do this for themselves.

This is only needed if a Lasting Power of Attorney hasn’t been put in place, and requires a relative or loved one to make an application to the Court of Protection. The process can be complicated, involving medical evidence and notices to relatives, and needs to be prepared with care.

Unfortunately, becoming a Deputy often happens at an emotional time. Our team is sympathetic to the difficulties surrounding applications. They’ll take the time to ensure you understand what to expect, and will guide you through the procedures required to allow you to look after your loved one’s finances, and to act in their best interests.

Court of Protection

As well as orders for Deputyship, vulnerable people can be assisted with Court orders. Should decisions need to be made on behalf of a vulnerable person, our team can apply to the Court of Protection for orders to be made for requests such as the sale of a property, making a gift or writing a statutory Will.

Tax Planning

If you’d prefer to leave more of your estate to the family, people or organisations of your choice, rather than the tax man, then it’s wise to seek specialist legal advice.

Inheritance tax, and the implications it could have on your estate, is best considered sooner rather than later, particularly if you want to reduce the liability for your family.

Our solicitors can advise you on how inheritance tax applies to you, what allowances are available to your estate, and how to protect these allowances and include them in your Will.

We can advise you on Lifetime Planning and Trusts. We’re also happy to connect you with other local experts who can talk you through your investment options.

Find out more about Inheritance Planning here.  

We offer a free initial 30-minute consultation for Trusts & Inheritance Planning.

Equity Release (Lifetime Mortgages)

The term ‘property rich, cash poor’ is familiar to many people. In certain circumstances, a lifetime mortgage (previously known as equity release) can provide you with some much-needed capital to enjoy your retirement.

We have specialist mortgage solicitors and conveyancing executives, within our property and elderly care departments, who can advise on these loans and the future implications of this kind of arrangement for you and your family.

Wills

You’re never too young or too old to make a Will. While all too often an afterthought, having a properly constructed Will can avoid confusion, disappointment and even arguments.

Our solicitors have experience in writing Wills for the elderly, and provide an expert sympathetic ear and sound advice to ensure your wishes are set out clearly and effectively.

Find out more about writing your Will here

Probate

The process of looking after someone’s estate after they die is known as Probate, and consists of various stages. This is usually conducted by an Executor, the person or people nominated in the deceased’s Will, or an Administrator, if the deceased died without a Will (intestate).

While probate can be done by the Executors alone, or an Administrator following the rules of entitlement, there are several stages to be considered.

The assistance of an experienced probate solicitor can reduce the distress at what is often a difficult or emotional time. They can also assist with the tax and financial implications that arise from administering an estate, that can at times be lengthy and complicated.

Find out more on our Probate page and in our What is probate fact sheet.

We offer a free initial 30-minute consultation for Probate & Estate Administration.

Our Elderly Care Law Team

Emily Payne

Partner | Solicitor

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Richard Drake - solicitor and notary public at Dickins Hopgood Chidley

Richard Drake

Solicitor | Notary Public

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Julian Dickins

Partner | Solicitor

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Information Resources

We have more helpful free legal advice in our fact sheets, just click to download:

Why make a will?

Download PDF

What is probate?

Download PDF

Trusts explained

Download PDF

Lasting powers of attorney

Download PDF

All other resources
  • “Emily Payne helped me navigate the emotional situation of applying to the Court of Protection for a deputyship order for an elderly relative and also applying again for permission to sell my relatives house. In both situations she was extremely helpful and knowledgeable and reassured me along the way that all was in hand, and then everything worked out as she said it would. A relief for me!”

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