FAQs about Elderly Client Services
North London Elderly Client Services FAQs
I am disabled and I find it difficult to get out and about. Can I still get advice from you?
Yes, our elderly client team strives to accommodate all of their clients. If you cannot reach our offices, we would be more than happy to arrange a home visit to see you in person. Many issues can also be tackled on the phone, although we understand that building an in-person relationship with your adviser helps create trust and makes for a better working relationship.
What is “mental capacity”?
Mental capacity simply defined is the ability someone has to make their own legal decisions. The definition is elaborated on in the Mental Capacity Act 2005, which provides a legal framework for dealing with people who lack mental capacity. In Section 1, there are five principles which underpin the Act:
“1. A person must be assumed to have capacity unless it is established that he lacks capacity.
2. A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
3. A person is not to be treated as unable to make a decision merely because he makes an unwise decision.
4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
- Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.”
What can I do to make sure I am properly looked after during times I lack mental capacity to make my own decisions?
You can make a Lasting Power of Attorney. There are two types of Lasting Power of Attorney:
- Personal Welfare
- Property and Financial
Both types of attorney can be made simultaneously and one person can be granted both powers, although you can, of course, appoint two persons.
Do I have to make a will?
Whilst there is no law stating you make a will, it is certainly a very good idea to have one. By having a will, your relatives and loved ones will avoid the laws of intestacy which are government laws that dictate how your assets are to be divided (quite often in ways you would have not intended). Having a will will also help to minimise inheritance disputes and reduce the inheritance tax burden or avoid it altogether. When you consider the affordable fees for receiving advice on a will and weigh it against the costs of not having a will, it certainly is prudent to make one.