Private Client

Mental capacity and powers of attorney

Mental capacity and powers of attorney

Powers of attorney

An ordinary power of attorney will cease to be valid if the donor loses mental capacity. Therefore we strongly recommend that our clients have Lasting Powers of Attorney (LPAs) in place, which can be used in the event that they lose mental capacity. There are two different kinds of LPAs: one enables attorneys to make financial decisions on behalf of the donor and the other deals with health and welfare decisions. A health and welfare LPA can also enable attorneys to make decisions about life-sustaining treatment on behalf of the donor. Careful thought needs to be given to the choice of attorneys, whether a relative, friend, or professional, and how they are appointed. We will prepare the necessary forms and register them with the Court in order that the LPAs will be ready for use should they ever be required. An LPA for financial decisions may not be required if the client already has an earlier form of power of attorney known as an Enduring Power of Attorney (EPA) in place. We can deal with the registration of EPAs and related advice, and also advise whether it is necessary to replace the EPA with a financial decisions LPA. In addition to preparing LPAs for clients, we also advise attorneys on their duties and responsibilities and help guide them through potentially difficult times, once it becomes necessary for the attorney to start using the LPAs.

Deputyships

If you lose the capacity to make decisions on your own behalf, and have not granted a power of attorney, the only way that access can be obtained to your financial assets is for an application to be made to the Court of Protection for a deputy to be appointed. The deputy can make decisions in your place so far as your financial affairs are concerned. We have a team of lawyers who are experienced in making such applications, but the process is expensive and time consuming for all parties and therefore much better avoided by having LPAs in place. Deputies can also be appointed in relation to health and welfare decisions.

 

Disabled persons’ trusts

Disabled persons’ trusts provide a tax efficient mechanism for controlling funds on behalf of a vulnerable beneficiary who is unable to manage their finances. Such trusts benefit from special tax treatment and we can assist in their preparation and administration, ensuring the trusts qualify for the most tax efficient treatment. Statutory wills and applications to the Court of Protection Where a person lacks capacity to make an ordinary Will it is possible to apply to the Court of Protection to make a “statutory will” on their behalf. It is also possible to apply to the Court for authorisation to effect, for example, lifetime succession planning if a person lacks capacity to make those decisions. We have lawyers who are experienced in preparing such Wills and dealing with the Court and families in relation to this specialised area.

Download an overview of lasting powers of attorney under English law.

Private Client Experts

We identify our clients’ needs and tailor our work to each set of circumstances, providing high quality, cost effective advice. We are a multi-disciplinary practice and work collaboratively to provide a comprehensive service across all of our practice areas.

Filter By
  • Position
  • Reset

Wilfrid Vernor-Miles

Partner

Wilfrid Vernor-Miles

Partner

Lucinda Tite

Partner

Lucinda Tite

Partner

Lara Barton

Partner

Lara Barton

Partner

David Draisey

Partner

David Draisey

Partner

Mary Elliott

Partner

Mary Elliott

Partner

Richard Kershaw

Partner

Richard Kershaw

Partner

Julia Lewis

Partner

Julia Lewis

Partner

Charlotte Simm

Partner

Charlotte Simm

Partner

Mark Stiebel

Partner

Mark Stiebel

Partner

Louise Walker

Partner

Louise Walker

Partner

Sunir Watts

Partner

Sunir Watts

Partner

Matthew Yates

Partner

Matthew Yates

Partner

Paul Camfield

Senior Associate

Paul Camfield

Senior Associate

Katie Martin

Senior Associate

Katie Martin

Senior Associate

Harriet Murray

Senior Associate

Harriet Murray

Senior Associate

Daniel Watson

Senior Associate

Daniel Watson

Senior Associate

Vanina Wittenburg

Senior Associate

Vanina Wittenburg

Senior Associate

Louise Garrett

Associate

Louise Garrett

Associate

Flora Nelmes

Associate

Flora Nelmes

Associate

Charlotte Nelson

Associate

Charlotte Nelson

Associate

Julia Norris

Associate

Julia Norris

Associate

Esme Sheridan

Associate

Esme Sheridan

Associate

Amy Taylor

Probate Manager

Amy Taylor

Probate Manager

Gina Adams

Trust and Tax Manager

Gina Adams

Trust and Tax Manager

Susan Cutts

Trust and Tax Manager

Susan Cutts

Trust and Tax Manager

Elizabeth Paterson

Trust and Tax Manager

Elizabeth Paterson

Trust and Tax Manager

Julie Rudd

Trust and Tax Manager

Julie Rudd

Trust and Tax Manager

Kiran Sangha

Trust and Tax Manager

Kiran Sangha

Trust and Tax Manager

Alexandra Sarkis

Consultant

Alexandra Sarkis

Consultant

Marie Schwab

Paralegal

Marie Schwab

Paralegal

Priya Mohanakumar

Trainee Solicitor

Priya Mohanakumar

Trainee Solicitor

Latest Private Client Headlines

Mar 04, 2024
Lara Barton examines the rise in Will disputes in Today’s Wills and Probate
Feb 23, 2024
Daniel Watson and Priya Mohanakumar discuss the recent Phipps v Goulbourne case in Today’s Wills and Probate
Feb 16, 2024
Daniel Watson considers historians’ criticisms over proposed plans to digitise Wills
Feb 15, 2024
Daniel Watson explores the digitisation of Wills in FTAdviser
Feb 05, 2024
Sunir Watts explains how to make use of Inheritance Tax gift exemptions in ThoughtLeaders4 Private Client magazine
Jan 29, 2024
Wilfrid Vernor-Miles discusses the ‘side hustle tax’ and how HNW might be impacted in Tatler
Jan 11, 2024
Sunir Watts and Sophia Smout explain the importance of planning for the future in Taxation
Jan 08, 2024
Vanina Wittenburg discusses tax tips when donating culturally significant assets in Accountancy Daily
Dec 11, 2023
Mary Elliott and Louise Garrett discuss electronic Wills and how to safeguard vulnerable individuals
Nov 30, 2023
Lara Barton comments on the importance of writing a Will in Tatler
“The team at Hunters is excellent. It is very client friendly and always provides practical advice which is easy to follow. The lawyers punch above their weight as compared with other private client firms”

The Legal 500 2021

“A tremendous and detailed knowledge of estates”

Chambers and Partners 2016

“I have found that there is a very wide range of top-quality expertise available in its partners so that the firm can deal with the more esoteric areas of law (art restitution for example) that I would not expect to find elsewhere”

The Legal 500 2021

               

© Hunters Law LLP 2024 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)

>