Lifetime Planning

(See also Wills - Making a Will)

Despite the enormous benefits to be gained from planning for your long term needs and those of your family should anything happen to you, this is something many of us delay. 

Our solicitors and lawyers understand the importance of having peace of mind and have developed a range of services and advice that make it easy for you to put a lifetime plan into place.

Our services not only include discrete events such as tax planning and help with receivership and other public guardianship matters, but also the ongoing management of financial affairs and trusts.  This includes ongoing support and advice for the elderly.

Here we list some of the areas our team can advise you on. Why not call us now on 01202 203218 to discuss the areas that would be suitable for you: 

Lasting Power of Attorney (LPA): An LPA allows you to nominate one or more attorneys to make decisions should you lose the mental capacity to do so yourself. You can make two types of LPA, one dealing with financial matters and one concerning personal welfare. A Personal Welfare LPA (PWPLA) can be used to set up an ‘advance directive’ regarding giving or refusing medical treatment in circumstances where you have lost the capacity to make such decisions yourself. There are considerable legal safeguards built into advance directives, and no matter what the PWLPA states, the final decision regarding any treatment given will rest with the responsible clinician. The PWLPA cannot compel treatment to be given which is contrary to medical advice.
 
Where there is genuine disagreement about the existence, validity or applicability of an advance decision, those providing care or treatment will be able to apply for a ruling from the Court of Protection. 

LPAs replaced the Enduring Power of Attorney (EPA), however EPAs completed prior to 1 October 2007 continue to be valid. 
 
Long Term Care Planning: It is hard to imagine not being able to live in your own home and look after yourself.  Planning in advance can ensure any care you may need in the future is arranged without you having to sell your home.
 
Inheritance Tax Planning: Subject to your particular situation, the size of your estate and a number of other factors, we can help you to arrange your affairs to minimise the amount of inheritance tax payable on your estate.

Trusts: A trust is a fund which contains assets that are controlled by you and/or a nominated third party for the benefit of a specific individual(s). They are governed by complex legal regulations and separate tax rules. A trust can be set up at any time during the lifetime of an individual, to become operative immediately or in the event of your death. 

Continuing trusts: A continuing trust can arise from a Will or as a result of the laws of intestacy; for example, where the beneficiaries include children under 18. In such circumstances, Executors then become Trustees and must invest and administer the assets in accordance with the relevant rules of trusteeship, until the trust has been correctly brought to an end.

Guardians: If you have young children, you may wish to appoint guardians to take care of them if you die while they are still young. This is often done whilst making a Will.

Wills: See our separate section on making a Will.

Contact our Wills, Trust and Probate team on 01202 203218 or email probate@hgwalker.co.uk