Posts tagged “Deputyship Orders”

Recent freedoms for people with pension savings provide more choice about how they can be used. 
 
If you are looking for a guaranteed income for life you can still buy an annuity. If you want more flexibility, you could take a cash lump sum and manage the rest of your savings throughout your retirement. 
 
There’s even free PensionWise guidance from the government if you’re over 50, to help you make good decisions, depending on your circumstances 
 
The Covid-19 pandemic puts things in perspective and shows just how crucial it is to make and put in place a Will or Lasting Power of Attorney. With concerns at the forefront for both clients and Will Writers in the event of a ‘lockdown. 
 
There will be a lot of advisors worried about carrying out face to face meetings, in particular with vulnerable clients, and how it will affect themselves too. 
 
The outbreak of Covid-19 in the UK population will, for many, bring into sharp focus the importance of having in place an up-to-date will. As it become necessary for companies to work at home, and restrict face to face contact with clients, or even close their doors temporarily, this could impact on the ability of clients to put in place new wills or Lasting Power of Attorney documents. 
 
For clients who are self-isolating or do not wish have a face-to-face meeting, there are other options available. I can offer Telephone call for will writing services in which I can take instructions and provide advice over the telephone, and then providing draft and final wills via email or post. 
 
In usual circumstances, those with complex needs will usually benefit from a face to face meeting, but if face to face contact is restricted, there is no reason a detailed conference could not take place over the telephone or by video call. 
 
The position in relation to vulnerable clients, including those in nursing homes or hospitals, is likely to be more complex. Such people often need face to face meetings as it may not be possible to take their instructions using other methods, and there are more likely to be concerns about issues such as capacity and undue influence. I where possible will remain for as long as possible willing to carry out visits to such clients, but hurdles will be faced if, for example, many nursing homes and hospitals are restricting visits. In such cases it will probably be necessary to liaise closely with family members and relevant parties such as nursing home staff, in order to try and facilitate the most appropriate arrangements for meetings to take place with these vulnerable clients. It goes without saying that those undertaking visits will need to be mindful of guidance regarding close contact with individuals in order to protect themselves and others as far as possible. 
 
I am always at the end of a phone for help and advice. 
There are two types of lasting power of attorney (LPA); one for your property and financial affairs, and one for your health and welfare. 
 
You can only put LPAs in place if you have capacity to appoint your attorney(s). 
 
If you haven’t put LPAs in place and lose capacity to make these decisions, then someone will need to apply to the Court of Protection for a deputyship order.  
 
This will allow them to manage your affairs, but you won’t be able to say who you want the Court to appoint.