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Www.hartbrown.co.uk Distinctly Better. www.hartbrown.co.uk Alyson Coulson And Shaun Parry-Jones Partners, Trust & Investment Department Presentation to:

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1 Distinctly Better

2 Alyson Coulson And Shaun Parry-Jones Partners, Trust & Investment Department Presentation to: Guildford & Waverley CCG 28 th January 2014

3 Get proper advice!  This talk is for general information only. They are general thoughts and principles and should not be relied on for your own purposes as everyone’s circumstances are different.  Before taking any action, you do need to consider taking proper independent legal advice, which will address your particular circumstances in respect of the matters discussed.

4 About Hart Brown 1.One of the largest legal practices in Surrey 2.Founded in offices: Woking, Cobham, Cranleigh, Guildford, Godalming and Wimbledon Village 4.15 Partners – about 105 staff

5 About our Legal Departments  Commercial business  Commercial property  Residential property  Family  Civil  Trust & Investment

6 Trust & Investment  16 lawyers  IHT planning  Trusts  Wills  Estate administration  Lasting powers of attorney

7 Lasting Powers of Attorney  Shaun Parry-Jones  “Qualified”  Age is no concern!

8 Lasting Powers of Attorney  Wills  MCA 2005

9 Lasting Powers of Attorney  What are they?  Powers of attorney  Enduring powers of attorney  Lasting powers of attorney.... and if you don’t make provision?

10 Lasting Powers of Attorney The Alternative  Appointment by the Court of Protection  Deputyship  Who applies?  Costs  Restrictions – acting on behalf of the Court  Accounts

11 Lasting Powers of Attorney 2 Parts  Property and financial affairs  Health and welfare

12 Lasting Powers of Attorney Property and financial affairs  Buying and selling property  Operating bank accounts  Dealing with investments  Tax affairs, claiming benefits

13 Lasting Powers of Attorney Health and Welfare  Where to live and who to live with  Day to day decisions, diet, dress  Medical examination or treatment – refusing/consenting

14 Lasting Powers of Attorney Health and Welfare  Who the donor has contact with  Assessment for and provision of community services  Arrangements to facilitate dental or medical treatment

15 Lasting Powers of Attorney Health and Welfare  Complaints about the donor’s care  Whether the donor should take part in social or leisure activities, education or training  Personal correspondence and papers

16 Lasting Powers of Attorney Health and Welfare  Rights of access to personal information (e.g. medical records)  Life sustaining treatment-specific question, witness required  Advance decisions v LPAs

17 Advance decisions  Valid; and  Applicable  Capacity  Consequences

18 Lasting Powers of Attorney The Process  Take instructions  Draw up and sign the document  Certificate – skills or knowledge based, 1 or 2 providers  Attorneys sign  Register the LPA

19 Lasting Powers of Attorney Drawing up the document  Appointment – how many Attorneys?  Joint or joint and several? or both!  All property and affairs?  With restriction?  Dialogue boxes

20 Lasting Powers of Attorney  When does it come into use?  Property and financial affairs  Health and welfare

21 Lasting Powers of Attorney  Checks and balances  Choice of attorney  Certificate/s  Storage of document  Registration  The register

22 Lasting Powers of Attorney  Registration process  Notice  Application  Registration  The attorney can then assist  Role of the Court of Protection

23 Lasting Powers of Attorney The question is: What will happen if you, someone close to you, or someone in your care, lose capacity?  Don’t put it off or leave it to chance  Act now, it doesn’t just happen to others!

24 Questions? Alyson Coulson & Shaun Parry-Jones Partners with Hart Brown

25 Practical issues When will you be asked to work with us as lawyers?  Assessment of mental capacity  Completion of formal forms for the Court  Acting as witnesses on documents

26 When might capacity assessments be required?  Making a will  Making or registering a power of attorney  Revoking a power of attorney  On application for deputyship – capacity to manage financial affairs

27 Witnessing documents Why do we ask? – the “golden rule” Kenward vs Adams (1975) Where a will has been drawn up for an elderly person or someone who is seriously ill, it should be witnessed or approved by a medical practitioner. It is assumed that the medical professional will have made an assessment of capacity.

28 To assist or not?  What is the policy of your employer?  Take advice from your professional body  Do you feel confident to assist?

29 Questions? Alyson Coulson & Shaun Parry-Jones Partners with Hart Brown

30 Distinctly Better


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