Could you appoint me as an attorney to manage my mother’s affairs?

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At Emmersons Solicitors we are often approached by people who would like to become an attorneyon behalf of their parent or partner. This can be as a result of a medical crisis or because social services have become involved with an elderly person.

However, we always have to advise that it is the person who is in difficulty (the donor) who willbe our client. In the first instance we need to establish whether or not they are capable of giving us instructions. At this stage the donor may be in hospital, in a care home or simply unable to make the journey to our office. If we are advised that the problem is early dementia, or mental incapacity because of a recent stroke, then we would seek the opinion of the donor’s doctor regarding their Mental Capacity to instruct us.

I have been to visit clients in care homes who seemed to be incapable of giving me instructions
and who had difficulty in understanding why I had visited them. However, upon their GP completing
a Mental Capacity Checklist it has transpired that they do have capacity. It may be that they were
very tired or dehydrated during my first visit.

As members of Solicitors For The Elderly Emmersons Solicitors always follow their guidance in determining capacity. This is very important, not only to protect our clients, but also would-be-attorneys from accusations of fraud or duress.We keep detailed notes of meetings with clients in case a family member should try to challenge a decision.

We find it is better if all relevant family members discuss matters together before we meet with a client to draw up the documents. In most cases there are one or two family members or close friends who support a client. It is often better if they can be present during at least part of our meeting. This can make a client feel more at ease.

As the attorney(s) will be taking on a lot of responsibility it is better if they and the donor canreach decisions together. Sometimes families have left it too late and it is impossible for their relative to give instructions. If this happens it may be necessary to apply to the Court of Protection to manage the patient’s affairs.

This would happen if a house had to be sold or an agreement with a care home had to be signed to pay fees. Without legal standing no one has the right to sign documents agreeing to use a patient’s money. The Court of Protection procedure is far more cumbersome and expensive than the Lasting Power of Attorney route. The Court has the right to interview the person acting (the Deputy).

Sometimes the interviews can take up to three hours; the court needs to be satisfied that the deputy is not abusing their position. To avoid all of the above the best course of action is to think about appointing an attorney(s) now.

This will allow you to make decisions about your future whilst you are still able to do so. If any family member has the early signs of dementia, or has had a stroke, you should seek help immediately.

www.emmersons-solicitors.co.uk

01912846989

 

Conveyancing is easy, so why does it take so long?

Share | The buying and selling of houses can actually be quite complicated. No two cases are the same. It is obviously more complex than buying your groceries or even a new car. There is more to your dream home than a can of soup!

It is essential for the buyer’s solicitor to raise the correct enquiries and check the title deeds to the property. There are many types of searches, in fact there seems to be a never ending array of new searches on offer.

At Emmersons Solicitors we provide clients with a summary of the main types of search and why they are necessary. In one case recently we discovered that the entrance to a mine shaft was only 50 yards away from the front door of a property our client was about to purchase. Needless to say they didn’t go ahead.

Is the land you think you are buying owned by the seller? It may be that years ago money changed hands in respect of an extra strip of land but neither party instructed a solicitor to deal with the registration at the time.

In all cases where a mortgage is involved, your solicitor is not just acting for you but also your lender. They have very strict requirements that solicitors must follow. The demands of lenders are many. They are extremely cautious having been too lax prior to the recession. Many have lost money as a result.

In addition there is a huge amount of fraud taking place at the moment in respect of property sales and purchases. A favourite trick is for someone to spot an empty property, find out who owns it, impersonate them with numerous

documents and then sell that person’s home without their knowledge.

At Emmersons Solicitors, we have extra ID checking facilities in place; we require proof of the source of funds in order to avoid money laundering. Our staff regularly attend money laundering courses. Nearly every month there is a new scam taking place on a national basis. Last week alone the Law society alerted us to six new scams.

So what should you be looking for in a solicitor?

Speed of service- Emmersons has a state of the art case management system so that cases can be turned around in about half the usual time. In one recent case we had a new build matter ready to exchange in one week. We also have access to the Land Registry online service; this means that we can obtain documents in hours rather than days.

An ethical firm – Look for the Conveyancing Quality Mark scheme awarded by The Law Society. This means that a firm has reached a high standard in terms of service offered to clients.

A clear indication of costs – Don’t always plump for the cheapest firm. You need quality of service, a property solicitor who checks documents properly and who is able to protect you as you deal with the biggest purchase of your life.

If you haven't made your will yet, here are some good reasons for doing so

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• Many people now cohabit instead of marrying, including same sex couples. They think that they will be provided for if their partner dies. Without a will your next of kin may inherit everything instead of your partner.

• Do you have children from more than one relationship? If so you will need to specify  how much of your estate they are to inherit and why.

At Emmersons Solicitors we have designed a comprehensive questionnaire covering a range of issues that you should consider when making a will. We can also advise on the best way to reduce the potential for care home fees. Our aim is to ensure that your wishes are carried out without anyone being able to challenge your will. It could cost thousands of pounds and a lot of heartache if a will is challenged.

We also deal with Powers of Attorney and Contested Estates.

0191 2846989

Spring Starts and Budget Day

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Since I last posted we have had the Six Nations Rugby championship which Wales won in fine style against England in Cardiff just last Saturday. Ireland didn't win it.

Italy played well at home and were unlucky not to do better away from home.

My friend Mary Beaman died and we buried her near Galway. She was 93. I've known her all my life, all 51 years. She was a beautiful woman, who laughed and chatted and drank a little whiskey and took her faith very seriously. She loved the Catholic Church. I am from a Presbyterian background. She taught me not to judge people based upon my preconceptions of what I decided they believed or thought, but to listen and to treat each person as an individual.

We have had snow. Goodness how we have had snow.

We've had Red Nose Day. How many more children must die on BBC televison before the injections and nets that are needed are provided. What do the countries in which these people live do with their money? yet in a tiome of economic turmoil so much generosity was shown by the people of the UK on RND

In our own country there are children celebrated for being carers of ill parents or grandparents when the truth is their childhood has been stolen from them to save a proper care and support package being delivered by the NHS and local government social services.

Perhaps the most annoying thing was the media storm created by a report from the Legal Ombudsman about complaints by Family clients "The price of separation: Divorce related legal complaints and their causes". One would have thought that the whole system was in a mess and problems were rife. The number of complainants equates to about 0.5% of all those who got divorced in one year. The media loved it. Lawyers ripping off clients was the main angle.

Problems do occur. That's because the process isn't perfect and people aren't perfect.
Costs are a concern. How to keep costs down? Try and do most of the leg work yourself. Don't use the Solicitor as a counsellor. Communicate only as and when necessary. If there are problems then talk to the Solicitor face to face instead of starting an email exchange.

Be realistic about what you can achieve for the money you can afford. Compromise on minor issues (do you really want the goldfish or the porcelain ducks?) and try to isolate the important issues and then compromise on them.

Obviously going to Court may have to be the answer. Some parties just will not compromise. In those circumstances be prepared. The best advice in Court is to remain calm, answer questions succinctly, clearly and honestly and avoid an argument or hysterics.

Listen to the advice of your Solicitor. Dont listen to the advice of well-meaning friends. Just because they have gone through a divorce doesn't make them an expert on pension sharing or child contact issues.

The best advice is to approach the issues through Collaborative Family Law. This is when you and your Solicitor sit down with your spouse and his/her Solicitor and negotiate a compromise.

In relation to contact issues Mediation may be the betetr approach as for you it will be less costly. But when it comes to financial matters our advice is to consider very seriously the Collaborative Family Law route.

Better than going to war and having a huge bill. Watch the video and find out for yourself what it is all about.

Emmersons Solicitors 0191 2846989 and ask for Jacqueline Emmerson or Helen Taylor or Louise Martin.