Looking after your Ageing Parents
As your parents get older, you may find yourself increasingly concerned about their future. They may be struggling either physically or mentally to do the things they need to do and becoming less independent. Even if they don’t mean or want to, they will start to rely on you more and more. Burt Brill & Cardens are here to help you plan ahead.
Looking after Your Parents and Relatives as They Get Older
Burt Brill & Cardens are proud to offer a bespoke service, taking the time to understand the needs of your ageing parent, relative or friend as well as your concerns. The best option is to plan ahead when it comes to safe-guarding their future and do so at a time when they are still in a position to make decisions.
There are many things that need to be in place to cover all eventualities as they get older. This is particularly true when it comes to finances, especially when they are no longer able to make their own decisions. You want what’s best for them and sometimes this can mean taking the first step. It’s important not to put it off as you may find you are able to do a lot less in the event of them losing capacity than you previously thought.
If your family member is no longer able to make decisions then we can help arrange for bills, fees and assets to be paid. Burt Brill & Cardens can then present a range of options, taking into account every aspect of later life planning you may be concerned about.
Lasting Power of Attorney
Safe-guarding their future
Lasting Power of Attorney
If you are concerned that your parent, older relative or friend won’t be able to make decisions for themselves in the future, then they can appoint someone they trust to do this on their behalf. They can make a Lasting Power of Attorney appointing someone like you, a friend, family member or us as solicitors to make important decisions based on their best interests. We will advise on the terms and conditions to be considered.
A Lasting Power of Attorney is a simple, inexpensive but very effective document. It is specifically designed to cope with the problems that arise if through ill-health, advancing years or accidents your aging parent is no longer able to deal with their financial affairs. A Health and Welfare Power of Attorney can allow your parents to make important decisions in terms of medical matters.
We are very experienced having acted for many people over the years, taking into full account their individual interests and working with their families. Lasting Powers of Attorney can only be at a time when your parents or relatives are able to give the matter their full consideration. If they have lost capacity then read the following section on what to do when there is no Power of Attorney in place.
No Power of Attorney
What are my options?
What to do when you don't have Power of Attorney
If your parent or older relative has already lost capacity and there is no Power of Attorney in place, then an application will have to be made to the Court of Protection for a Deputy to be appointed. This deputy can either be a relative, like you, or a professional. The application process is lengthy but here at Burt Brill & Cardens we have considerable experience with making Deputyship applications and dealing with the Court of Protection.
It is very important that the application sets out the terms of the order that the Court is being asked to make and our expertise will make sure that all the relevant provisions are included in the Court Order.
Protecting their assets
Wills are important for your parents as they can stipulate exactly who gets what when they die. Without a Will, there is no guarantee that their money and assets will go to who they want. If there is no will then the rules of intestacy apply and they no longer have control over what happens to their assets. It can also cause stress as families can disagree as to what transpires. For these reasons, it makes sense for everyone to have an up to-date Will in place.
With something as significant as a Will, it is important to seek expert advice from a solicitor. By using a specialist solicitor, you can be sure the Will has been properly worded and signed and witnessed in accordance with the correct procedure. We have dealt with the consequences or home-made Wills or Wills prepared by non-specialists and invariably the costs involved far exceed what it would have cost to have had the Will prepared properly in the first place.
Helping manage their financial affairs
If your parent or relative is concerned about their finances, then we can manage their financial affairs on their behalf. We can provide a comprehensive solution to any money worries they may have, meaning that you don’t have to try and do so yourself.
Our service can include paying bills, care home fees, dealing with the Department of Social Security where necessary and advising them on any other assets or property that they have. We can arrange for their bills to be sent direct to us to be paid out of their funds so you don’t have to take it on.
Having helped so many people in this way, we know how important it is for you to know we’re doing what’s right for you, so just tell us what you need help with and we’ll do just that. We will report to you regularly so that you are kept fully informed.
Savings & Investments
Protecting their Money
Savings and Investments
In addition to looking after payment of bills on their behalf, we can also look after their savings and investments for them. As solicitors regulated by the Solicitors Regulation Authority, we are not able to give financial advice, but we can arrange for a Financial Planning company, which is regulated by the Financial Conduct Authority to give financial advice.
A Financial Planning company will provide your parent with clear advice on all aspects of their investments and savings and together we can review their financial situation to ensure there is a proper plan for the future. We provide support and advice for persons with only a few thousand pounds and for those with rather more.
Ensuring their loved ones benefit
Trusts can enable your parents to retain control over their assets and be safe in the knowledge that they can be utilised for the benefit of who they want. Trusts can take many forms and can also be used to mitigate different forms of tax.
At Burt Brill and Cardens, our expert solicitors can assure you of the best option given the specific set of circumstances and what your ageing parents desire.
Helping You Cope
We realise that coping with a death of a loved one can place great strains on you and your family. At Burt Brill & Cardens we can help look after the legal aspects while you grieve – from helping you understand what to do with a Will when someone dies, to ascertaining the things you need to do after a parent dies – we have years of experience helping people with Probate.
Since the firm was founded in Brighton over 100 years ago, we have looked after families, in some cases through three generations. We have a deep understanding of the things you need to do when someone dies, but we also have a personal and caring touch, making you feel comfortable and taking as much of the stress as possible out of the situation. Our Probate solicitors can help with all matters concerning the granting of Probate – from a simple estate to large complicated cases.
Burt Brill & Cardens Solicitors
Burt Brill & Cardens Solicitors provide these services either individually or together so that you can be confident that your parent’s financial and legal affairs are covered. This minimises stress for both you and them. Unlike many solicitors, we’re able to visit you at your parent’s home.
As one of the oldest solicitors firms in Brighton we have been looking after families of all generations for over 100 years. We are able to offer specialist legal advice tailored to your parents’ needs.
We will take the time to explain all of the options to you and your older relative so you are both satisfied that your futures are accounted for. We understand more than most how difficult these times can be, and will take care to ensure that you are both satisfied that everything is in place.
“…and a big thanks to your team….my Mum felt she was treated in a caring way during the meetings that took place setting up her final financial wishes…” from Mr C