Northampton Solicitors

Elderly Client Services FAQs – Northampton Solicitors

What is a general power of attorney ?

A general power of attorney can be created only by those who have sufficient mental capacity.  A general power of attorney can take care of a person’s legal affairs, access bank accounts and pay bills whilst a person is physically not capable to do so.  They are generally used as a short term solution i.e. if you are in hospital.

What is a Lasting Power of Attorney ?

Lasting Powers of Attorney gives someone to the right to handle a mentally incapacitated person’s affairs.  There are two types of LPA:

• Personal Affairs – empowered to take care of a mentally incapicitated person’s affairs relating care, day to day living arrangements and any medical decisions that need to be made.
• Financial and Property affairs – the attorney can make decisions regarding the incapacitated person’s finances and property, which could include accessing a bank account, paying bills and selling property.

Do I need to make a will ?

Whilst you are not legally obliged to make a will, it is certainly a good idea.  A valid will ensures your loved one’s will receive the full benefits of your property; allow your relatives to make significant inheritance tax savings or avoid inheritance tax altogether; minimises any disputes over inheritance; allow your grandchildren and other children to benefit; make charitable donations and appoint the executors of your estate.

Do I need a solicitor to draw up my will ?

No, you do not need a solicitor to draw up your will.  If, however, you want to ensure your will is legally valid and takes advantage of all the benefits wills offer, it is certainly a good idea to seek the advice of a specialist wills and probate solicitor.

What is legally required for a valid will ?

A valid will is:

• In writing
• Witnessed by two people who are not beneficiaries and who are physically present when the person making the will signs.
• Made by someone free of undue influence or duress.
• Made by someone with sufficient mental capacity.

What constitutes sufficient mental capacity ?

Sufficient capacity is deemed to exist where a person is mentally capable of making their own decisions.  The Mental Capacity Act 2005 presumes that people are mentally capable unless it can be shown otherwise.  It also has to be shown that the efforts have been made to allow the person to make their own decisions.  Thirdly, a decision which is considered strange in the circumstances should not necessarily lead to the presumption that the decision maker lacks capacity.

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