What is a Lasting Power of Attorney?

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A Lasting Power of Attorney (LPA) is a legal document whereby one person gives another person (called the Attorney) the authority to make decisions on their behalf in order to avoid problems if they later lose physical or mental capacity.

There are two types of Lasting Power of Attorney. Either or both can be made on your behalf:-

(a) A Property and Financial affairs LPA – which allows your Attorney to deal with your property and finances.
(b) A Health and Welfare LPA – which allows your Attorney make decisions on your behalf regarding your personal healthcare and welfare, including making medical treatment decisions and giving or refusing life sustaining treatment.

If a person loses mental capacity without having an LPA in place, a family member, or indeed anyone who is willing, would have to make an application to the Court of Protection for a Deputy to be appointed to deal with that person’s affairs. This is often a frustrating and expensive process for the person making the application and nothing can be done in relation to a person’s affairs until an Order of the Court has been obtained.

An LPA is an important and powerful document and you should take care as to whom you appoint as your Attorney. More than one Attorney can be appointed should you wish and you can decide how they can act; this being independently or jointly. Your Attorney should be trustworthy and possess the necessary skills to make decisions on your behalf. You may if you wish, limit your Attorneys powers, including when they can act and how.

An LPA can only be used once it has been signed by you and your Attorney and certified by a person of your choice, who is able to say that you understand what the LPA is and that you have not been unduly pressurised into making it. An LPA also has to be registered with the Office of the Public Guardian before it can be used.

Please ensure that when getting advice about Wills and LPAs that you speak to a qualified specialist adviser, such as a solicitor on the Age Connect Will writing scheme. Carli Evans is a solicitor with Messrs Passmores and a member of Age Connect Will Writing Scheme, Solicitors for the Elderly, and STEP (Society of Trust and Estate Practitioners) a specialist panel of solicitors dealing with elderly client matters. Carli can be contacted on 01446 721000 or by email ce@passmores.com

Child Abduction & International Children Law Cardiff and Barry

BREXIT IMPACT ON CHILD ABDUCTION LAWS

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Brexit will have an impact on International Child Abduction Law in the jurisdiction of England of Wales. The key legal provision for cases between EU member states will no longer be applicable to the UK. The provision is referred to as Brussels II Revised and takes precedence in International Child Abduction Law, divorce and child custody cases.

Is there a need to be worried…

No, this should not cause significant change in terms of how it will impact on people seeking legal recourse as the 1996 Hague Convention will still be applicable to the jurisdiction of England and Wales as the UK are contracted to the Hague Convention, as are the rest of the EU Member States.

The Hague Convention 1996 in respect of child abduction applies to the countries in the world that are signed up to it including but not limited to, the EU members states, USA, Australia and Denmark.

The Hague Convention 1996 is very similar to Brussels II Revised but has not been utilised greatly up until now, but it seems with the exit from the EU this is likely to change. It is comforting to know that the rules of recognition and enforcement are similar under the 1996 Hague Convention to Brussels II Revised so it can be used between an EU Member state and the UK in a case where custody or access in relation to a child is required to be recognised and enforced in the other country.

If you require assistance in an international family law matter then please contact Catherine Roblin on 01446 721000 or cer@passmores.com.

Court of Protection Solicitor Cardiff Barry and South Wales

New Inheritance Tax Rules for 2017

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New Inheritance Tax rules come into force next year.

A new Residence Nil Rate Band (RNRB) will be available for deaths after 6th April 2017; this means that property, or an interest in a property, ‘closely inherited’ attracts an additional nil rate band of £100,000 (in 2017/18) rising by £25,000 each tax year until it reaches £175,000 in 2020/21. This will be in addition to the ordinary nil rate band of £325,000 which will be frozen.

The new rules are rather complex, and whether you will attract the additional RNRB of £100,000 will depend on whether you qualify under the meaning of ‘closely inherited’, and whether the property that qualifies is your residence.

We would recommend that your Wills are revised to ensure that your beneficiaries will have the benefit of the additional RNRB.

Should you require any further information please contact us on 01446 721000 or mail@passmores.com.