Make/Update any Wills
Check out our Wills page on our website (www.clearprobate.co.uk) where we may be able to write your will free of charge as an existing client.
Make/Update a Lasting Power of Attorney
A lasting power of attorney (LPA) is a legal document that lets you (the ‘donor’) appoint one or more people (known as ‘attorneys’) to help you make decisions or to make decisions on your behalf. This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions (you ‘lack mental capacity’).
You must be 18 or over and have mental capacity (the ability to make your own decisions) when you make your LPA. You do not need to live in the UK or be a British citizen.
There are 2 types of LPA:
- health and welfare
- property and financial affairs
You can choose to make one type or both.
How to make a lasting power of attorney
- Choose your attorney (you can have more than one).
- Fill in the forms to appoint them as an attorney.
- Register your LPA with the Office of the Public Guardian (this can take up to 20 weeks).
It costs £82 to register an LPA unless you get a reduction or exemption. You can cancel your LPA if you no longer need it or want to make a new one.
Health and welfare lasting power of attorney
Use this LPA to give an attorney the power to make decisions about things like:
- your daily routine, for example washing, dressing, eating
- medical care
- moving into a care home
- life-sustaining treatment
It can only be used when you’re unable to make your own decisions.
Property and financial affairs lasting power of attorney
Use this LPA to give an attorney the power to make decisions about money and property for you, for example:
- managing a bank or building society account
- paying bills
- collecting benefits or a pension
- selling your home
- It can be used as soon as it’s registered, with your permission.
Help deciding if you should make a lasting power of attorney
Contact the Office of the Public Guardian if you need help.
Office of the Public Guardian
customerservices@publicguardian.gov.uk
Telephone: 0300 456 0300
Textphone: 0115 934 2778
Monday, Tuesday, Thursday, Friday, 9.30am to 5pm
Wednesday, 10am to 5pm
Please get in touch for further information to adrian@clearprobate.co.uk
Review your finances after receiving your inheritance
If you have just received an inheritance, depending on the sum, it may be advisable to speak with a financial advisor who can help advise you on the best course of action in how to handle such monies. Please get in touch for further information to adrian@clearprobate.co.uk
Review the need for inheritance tax planning
If you have just received an inheritance, or you believe that your estate value is large enough that may incur inheritance tax at 40%, it may be advisable to discuss your estate and have a tax professional review undergo inheritance tax planning to help reduce any potential tax liabilities. Inheritance tax is coined a ‘voluntary’ tax because in many situations it can be avoided with the right planning. Please get in touch with our referred accountancy firm for further information: hello@everydayaccountants.co.uk
Review your family’s residential care costs and needs
Your ability to pay for care will be worked out through a means test. Your home will not be included if you receive care and support at home or if you go into a care home on a short-term or temporary basis.
However, if you move into a care home permanently, your home will not be included if, for example, your partner still lives there or, in certain circumstances, a relative. Although currently, if your capital is above £23,250 you’re likely to have to pay your care fees in full. If your capital is under £23,250 you might get some help from the local council, but you may still need to contribute towards the fees.
You cannot deliberately look to avoid care fees by gifting your property or putting a house in trust to avoid care home fees. This is known as deprivation of assets. However, there are routes you can take that stay on the right side of the law. Please get in touch for further information; adrian@clearprobate.co.uk.