Wills & Power of Attorney

 It is always possible to change your will while you are still of sound mind. Small changes or additions can be made using a codicil; this is an additional document that goes with your will confirming the changes you wish to make. It still needs to be drawn up and executed properly so make sure you contact me for assistance. If more complex changes are required it may be advisable to draw up a new will.

You should never change your will by writing on it or removing or adding pages to the original, as this can invalidate it completely.

Losing a parent is heartbreaking at any age, but for young children it is an incredibly uncertain and unstable time in their lives. Ensuring that you have a will which appoints appropriate guardians will be vital to ensuring your children are properly cared for and supported by the people that love them most when it matters most.

If you have not chosen guardians you cannot assume that your preferred family member will be able to look after them. Usually social services will step in to make the decision about who should care for your children and this can be a terribly upsetting process for everyone involved, even if the end result is your preferred family member being appointed.

 You should review your will and consider whether it needs to be updated every 3-5 years to ensure there have been no legal changes which could affect you or changes in your circumstances. You should always review your will if you are getting married or divorced, having children, your financial circumstances change significantly or there is a change in your responsibilities. For example, if you are appointed as executor or attorney for someone else, you should have your own executor or attorney who can deal with this if you are no longer able. 

You can appoint a professional attorney such as a solicitor or financial advisor. Even when appointing a professional attorney, you should still choose someone that you trust and they should take the time to discuss your wishes so that if the time comes that they are required to, they can make the best decisions for you.

If you do not have any family or close friends who can assist you, and you do not make an LPA, a solicitor will usually be appointed by the court to deal with your affairs for you. By making an LPA, you can choose a solicitor that you are happy with. If you have family members or friends who might step in, but you are concerned about their ability to make good decisions, you can appoint a solicitor to make the decisions alone or assist your family with the decision making.

There are two types of LPA which give your attorney power to do different things. A property and finance LPA gives your attorney wide powers to deal with all of your finances and property. This includes anything from paying day-to-day bills to selling your home. A health and welfare LPA gives your attorney wide powers to make decisions relating to your wellbeing, such as where you will live and what medical care you receive. They can also make end of life decisions for you if you give them that power. 

The important thing to remember is that, although LPAs are intended to give your attorneys very wide powers you can give them particular instructions or details about your wishes, so if there is something you feel very strongly about e.g. selling your home, you can give advanced instructions to your attorneys.

If you have not made an LPA in advance and you lose the ability to make your own decisions then the only way someone can help you is to apply to the court to be your deputy. Any of your family or friends can make the application to the court and if you have no close family who will do so then the court will appoint a solicitor to be your deputy.

While you might not be unhappy with a court appointed deputy the process of applying to the court will be much more expensive, and can be a very lengthy process, leaving you without someone able to make proper decisions while you wait. It is always better to make an LPA in advance, if you can.

 In brief, an LPA allows someone to manage your finances and/or make health and welfare decisions for you. This might be when you have lost the ability to make your own decisions, but it can be used, with your consent, if you need help because you are busy or away from home. Most people realise why a will is important, but often don’t know that an LPA is just as important to have. Read this post for more detailed information about why you need an LPA. 

 Absolutely. My modern service allows all communications by email, telephone and/or video chat so you can get quality legal advice on your schedule. Make sure you speak to a professional solicitor though and avoid cheap or DIY services. Read this post for more information or just schedule a free 30 minute consultation to discuss with me.