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Ascertaining mental capacity to activate a LPA

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If you have been caring for someone who has an impairment of their mind or brain and they have trusted you to make decisions on their behalf under a lasting power of attorney, you may be wondering when you can make such decisions for them. Mental illness can...

Pitfalls with bank accounts under a financial LPA

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As an attorney under a financial lasting power of attorney (LPA), you will play an important role in safeguarding the financial interests of a vulnerable individual.  Understanding the legal framework, recognising common pitfalls, and implementing...

Expert legal advice with extra care - using a Lifetime Lawyer

Sharon Richardson
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Our solicitors Sharon Richardson , Belinda-Jane Poulter , Bethany Worthy and Emma Silkstone are proud Accredited Lifetime Lawyers (previously known as Solicitors for the Elderly). They’re some of the most qualified specialists in the country in...

The importance of Lasting Powers of Attorney

Beth Worthy
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Does your next of kin have an automatic right to make decisions regarding your finances and health if you lose mental capacity? The answer is NO. In order to give someone the legal authority to manage your financial affairs and to make medical decisions...

Making a best interests decision under a LPA

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If you have been asked to be an attorney for someone under their power of attorney, whether for finances or health and welfare, then they have placed their trust in you to act in their best interests at all times. This will also be the case if they did not...

Could your digital art or crypto assets be lost to obscurity?

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Part of the success of TV shows like the BBC Antiques Roadshow is the thrill when a long-cherished family heirloom turns out to be surprisingly valuable, for example a piece of china that has been on display in the home for many years. Occasionally, a rare...

We are taking part in York 50+ Festival 2023

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We are very pleased to be part of and supporting York 50+ Festival 2023. Matthew Railton, at our York office, is providing a legal advice drop-in clinic to take questions about making your Will and Lasting Powers of Attorney. Pre-book your 30 minute...

Do medical staff have to respect a power of attorney?

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If you are an attorney for health and welfare decisions (as opposed to financial decisions), it is important to make sure that you are clear about exactly what decision making powers have been granted to you. This will ensure you can work with medical staff...

Providing for a child with disabilities in your Will

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If you have a child with a disability, you may be concerned about what will happen to them when you are no longer around. Ensuring a child with disabilities is provided for sufficiently in the long term can be tricky to navigate, and it is best to seek...

Ryedale lawyer awarded 'gold standard' accreditation

Emma Silkstone
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Emma Silkstone, solicitor in our Private Client team, has been recognised with a national accreditation for her expertise in legal support for older and vulnerable clients, their families and carers. The accreditation is awarded by SFE (Solicitors for the...

When does a power of attorney take effect?

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If you have been asked to act as an attorney for someone you may wonder when it will come into effect, especially if the power of attorney was made some time ago when your friend or relative was in good health. There was an important change in 2007, and so...

Trust Registration Service

Louise Walker
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The Trust Registration Service regime will be extended from the 1 September 2022. From this date, the categories of Trusts that are required to register with HMRC will be significantly broadened, and subject to any specific exclusions in the new rules, will...

Legal steps when diagnosed with a life limiting illness

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On top of the heartbreak and worry that a diagnosis of a life-limiting illness can cause, there will be a raft of concerns and uncertainties about your care and financial affairs, and it can be difficult to know exactly how to prepare from a legal...

Who will run your farm business if you can't?

Emma Morris
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It is important to think about the future, even if it seems more uncertain than ever. Have you given any thought to your farm succession plan lately? Do you even have one? Who will run your business if you can’t? Farm succession planning is not just...

Protecting your business if you lose mental capacity

Sharon Richardson
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With people seeking greater flexibility and a better work-life balance, small and medium-sized businesses (SMEs) now account for over 90 per cent of all private businesses in the UK. ‘ Launching and building your new startup is an exciting time and...

Government plans for overhaul of social care

Sharon Richardson
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The white paper on social care in England and new cap on care fees brings more confusion to an already confused system. It’s unlikely to save many people any money and does nothing to alleviate the immediate crisis facing social care.   There...

Managing financial affairs under a lasting power of attorney

Belinda-Jane Poulter
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Making a lasting power of attorney for your finances is an important part of lifetime legal planning, especially if you have built up a portfolio of assets and investments which require regular management. While this legal authority needs to be set up well...

What is a business Lasting Power of Attorney

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You may have heard about someone looking after their elderly parent’s finances and affairs using a Lasting Power of Attorney (LPA), but there are other occasions when it makes sense to have an LPA in place. In our personal lives we tend to...

Options if you suspect abuse of a power of attorney

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With more people in the UK now living into their 80s and 90s, an increasing number of us are choosing to make a lasting power of attorney. This is a legal document under which we appoint someone we trust to make important decisions about our finances, and...

The digitisation of LPAs

Sharon Richardson
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This week, the government launched a 12-week consultation into the modernisation of Lasting Powers of Attorney (LPA’s). An LPA is a legal document that allows someone to make decisions about your finances, health, and care for you should you lose...

What is a next of kin and does it afford you legal protection

Sharon Richardson
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Relying on the concept of ‘next of kin’ – when is this enough? Next of kin is a commonly used term in everyday language, yet despite its frequent use ‘next of kin’ only provides legal rights where children are concerned and,...

The legal protections we should all have in place

Belinda-Jane Poulter
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The documentary “Kate Garraway: Finding Derek” aired this week and highlighted the struggles TV presenter Kate has faced since her husband, Derek Draper, was admitted to hospital with Covid-19 in March 2020. Kate has openly spoken about the...

Vulnerable people and Capacity issues

Sharon Richardson
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In this article we aim to explain why an individual may be vulnerable to harm or abuse, what to look out for and action you can look to take. Are you aware of someone you know who may be a vulnerable person or have capacity issues? They may be a family...

The importance of Health and Welfare LPAs

Sharon Richardson
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Solicitors for the Elderly (SFE) has launched its latest campaign to raise awareness of the importance of health and welfare LPA’s with the report ‘ The Incapacity Crisis – a nation unprepared ’. The report urges consumers to have a...

Managing your affairs if you suffer from Dementia

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Last week it was announced that Dame Barbara Windsor is suffering from Alzheimer’s disease, the most common cause of dementia.  According to Barbara’s husband Scott Mitchell, she first showed symptoms in 2009 when her close friends and...

Powers of Attorney - could you be due a refund?

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On 1 February 2018 the Office of the Public Guardian launched a scheme allowing almost 2 million people to claim a refund on fees paid to register Lasting Powers of Attorney (LPAs). During the period 1 April 2013 to 31 March 2017 significantly more people...

Top Tips around Lasting Power of Attorney

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Whatever you decide about your future, it's important to involve a specialist solicitor who will give you impartial advice and act in your best interest. We are members of Solicitors for the Elderly and can help you. Solicitors for the Elderly (SFE) is a...

LPAs turning digital risk

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Local solicitor warns changes to powers of attorney may leave older and vulnerable at risk Local solicitor, Crombie Wilkinson from York issues warning following FCA’s call to turn lasting powers of attorney (LPAs) fully digital Proposals would remove...

Data Protection; Get it Right

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The Information Commissioner's Office (ICO) has recently imposed fines on several organisations for data breaches: Hampshire County Council was fined 100,000 for failing to implement effective contingency plans to protect personal data when...

Marie Curie Free Will-writing Scheme

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Marie Curie has agreed a set fee with participating solicitors to write a simple single or Mirror Will, or update an existing simple Will. The scheme is open to individuals and couples aged 55 and above. For couples only one person needs to be aged 55 or...

10 reasons to use an SFE accredited lawyer

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The decisions and plans you make now will have a huge impact on your later life. Getting them right is essential. An SFE accredited lawyer is an expert in older client law and will ensure you get the best possible legal advice for your future.  Sharon...

Have you got an LPA?

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86% of people in the Yorkshire and the Humber are currently living with no control over important later-life decisions around their housing, assets, heath, and care, according to a new report by SFE (Solicitors for the Elderly), the national organisation...