Legal Advice

Power of Attorney

As we are living longer, an increasing number of people are likely to become physically or mentally dependent; there are expected to be a million people over 65 will develop dementia, but accidents, strokes, brain injuries and Parkinson’s disease can also affect someone’s ability to make their own decisions.

It can be daunting when you are trying to organise care for yourself or a relative. We recommend reading some of the guides produced by Independent Age

“We have made our Wills leaving everything to each other, then to the children”. Does this sound familiar? These are known as Mirror Wills. Sounds reassuring enough, doesn’t it? But your children could in fact end up with very little or even nothing at all.

If your surviving spouse has to go into care, they will have to use all their assets to pay for their care until they get down to their last £14,250. It is therefore not a good idea to leave your half share of the home to your surviving partner but instead leave them the use of your share. This can be achieved by making new Property Trust Wills. These legitimate steps must be taken while you are both alive and in reasonable good mental health. It is therefore important for couples to act now!

Most of our clients come to us having already made standard Mirror Wills or have been meaning to make a Will but simply haven’t got around to it. With Property Wills, yourself and your spouse/partner each leave your HoME oWNERS aged 50+Protect your family assets from future care home fees half share of the home to the children in Trust but state that they are not to receive it during the lifetime of the surviving spouse/partner. This half would then NOT be included in any future means test calculations for care fees. The surviving spouse is free to sell their share of the home, raise cash or move house. Your children are powerless to intervene but simply have to wait for their inheritance, as they would have done previously.

West Midlands Care Legal Services are your local estate law specialists and have prepared a jargon-free guide to protecting your hard earned assets. Call for your free copy today. Your details will remain confidential and never passed on to any third party.

These invaluable information packs also include details of Lasting Power of Attorney and our special Bloodline Trust Wills which help prevent your children and grandchildren from losing their inheritance due to a child’s divorce, remarriage or financial difficulties.

Dealing with your financial affairs, health and care would be virtually impossible and without someone authorised to act on your behalf, relatives can face long delays, expense and distress if they have to go through the Court of Protection to be permitted to do so. 

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