Wills
Arona St James our Wills and Probate solicitors will suggest that everyone should should have a Will. it is an important legal document that sets out your wishes when you pass away and is clearly a vital piece of document. Many unregulated individuals draft wills and if they get it wrong you will be left unprotected. Having someone who has experience and knowledge is key to getting this right from the outset.
Arona St James does not provide financial advice. Some of you with large estates may want require tax saving advice and we thus recommend that those individuals first consult with an independent financial adviser.
Our Wills are tailored to suit your individual needs. Richard Jones has over 20 years experience in the field and adopts a sensitive approach.
Enduring Powers of Attorney ( EPA’s)
More people now require advise on ensuring powers of attorneys ( EPA’s). These are instruments by which one person can appoint another to make decisions in advance of losing capacity. The appointed person has authority to act within the scope of the power, and the EPA cannot be revoked by the donor without the confirmation of the Court of Protection. The court has jurisdiction to supervise, restrict, revoke or supplement the powers of attorney contained within the EPA, and in the event that the EPA is revoked, direct that a deputy be appointed.
Court of Protection Intervention
If someone is unable to give instruction what are tier rights:-
If someone is unable to give an authority to deal with the full extent of his or her assets (by virtue of losing his or her capacity) and no such authority is in place, the involvement of the Court of Protection may be required. The court may only make decisions on behalf of a person who lacks capacity, where the capacity is in dispute or to determine a change in capacity.
The Court of Protection can exercise its jurisdiction in a number of ways and may:-
- Make a declaration as to a person’s capacity to make a decision (therefore confirming that the person concerned can make a valid decision or where he lacks capacity, a decision can be made on behalf of that person)
- Make a declaration that a particular act done in relation to a person who lacks capacity is lawful
- Make a decision on behalf of a person who lacks capacity
- Appoint a deputy to make decisions on behalf of a person who lacks capacity to make those decisions
Where a person’s property and financial affairs are concerned, the court can confirm that a person has capacity to make a Will or a substantial lifetime gift. In these circumstances the court prefers to allow (where possible) a person to make his own decision. The Court of Protection can declare that a doctor may lawfully carry out an operation or withdraw life-sustaining treatment from a person who lacks capacity.
Email Gillian Hutchfull if you require assistance.
Gillian@aronastjames.co.uk or give us a call on 020 8175 5000