Services
Enduring Powers Of Attorney
There may come a time when someone you care for will be dependent on others to
manage their financial affairs. Preparations can be made for such a time.
We are able to advise you how to go about this. Until such time as the individual
loses the mental capacity to manage, they can keep as much control as they want
over their affairs.
We know of cases where people have prepared for their old age by adding someone
else's name to their bank or building society account so that person can operate
the account for them. This is not a good idea. Confusion can arise as to whose
money it really is, who is entitled to the interest on the account and who is
responsible for the income tax on it. This mechanism does not work with many
other sorts of investments or if some other aspect of the elderly person's finances
requires attention such as their pensions.
The correct solution is for someone to be authorised to look after the finances
of the elderly person by being granted a power of attorney.
If the individual who makes the power of attorney (the donor) becomes mentally
incapable an ordinary power of attorney automatically becomes invalid. It is
therefore usually better to make an Enduring Power of Attorney (EPA) which is
a special type of power of attorney which remains valid even after the donor
ceases to be mentally capable. An Enduring Power of Attorney must only be signed
while the donor is capable of understanding its nature and effect.
Once the donor becomes mentally incapable, the attorney must register the EPA
with the Court of Protection, which is responsible for overseeing the affairs
of people who cannot manage for themselves because of mental incapacity. The
donor will be notified when this happens, and so will members of the family,
so they will have the chance to object if they feel the donor is not ready to
give up control of their affairs.
The Court Of Protection
If someone becomes incapable of managing their affairs because of mental disorder,
and they have not made an EPA, then their affairs must be put in the hands of
the Court of Protection. The Court will appoint someone called a receiver to
look after the finances and protect the property of the patient.
A receiver does not have power over the patient’s 'person' and cannot authorise
an operation or where the patient should live. The powers granted by The Court
of Protection to the receiver will cease on the patient’s death.
The receiver will usually be a close relative, but it is also possible for one
of our partners to be appointed as receiver.
We can deal with applications to the Court of Protection and advise on the Court's
procedures and requirements.
Enduring Powers of Attorney - Key Benefits
An Enduring Power of Attorney is a much cheaper way than a Court of Protection
application to operate someone's financial affairs.
An enduring power of attorney enables the donor to choose who they would like
to look after their affairs when they are no longer able to do so themselves.
The donor can choose whether they want their attorney to act while they are still
capable, or only after the donor becomes mentally incapacitated.
The donor can choose more than one attorney and whether they are to act together,
or whether they can act separately. The donor may want to choose a relative or
close friend. Or they may want to appoint a professional attorney, such as one
of our partners.
Wills & financial planning
If you have not yet decided whether you should make a will consider the following
-
If you make a will
 it shows you
care
you may be able
to save tax for those you leave behind
the winding
up of your property and affairs will be more organised and less expensive
you choose who
will deal with your affairs (your executors)
for anyone with
children they can name a testamentary guardian. This is especially important
if you are a separated or unmarried parent.
you can provide
for charities or people beyond your immediate family
you can have
influence when you've gone (immortality!)
If you don't make a will
your estate will be distributed in accordance with the intestacy rules made by
Parliament which govern the division of a deceased's money, property and possessions.
These rules are mostly inflexible, so anyone with specific intentions about providing
for a family, friends or a charity after their death should definitely consider
making a will.
In certain cases intestacy may not be a problem for those you leave behind. But
all too often leaving no will could create yet another worry for your family
at a time of bereavement and disruption at home. Making a will is a way of making
life easier for them.
Reviewing your will
Everyone's circumstances can change. You should make a will every time your situation
changes; if you inherit money, or if your relationship breaks up. If you have
already made a will, it is worth reviewing it every few years.
Why you should use us
You may find cheaper ways of making a will but there is no such thing as a free
lunch. The banks will try and persuade you to appoint them as executors especially
if you are a high worth individual so that they can act in the winding up of
your estate. Their charges for acting as executor are high, and are not open
to challenge or independent assessment in the same way as our fees. You can DIY
just as you can service your own car, but why bother? Can you be sure you will
get it right?
Our fixed will fees are designed to allow us to offer a quality service using
modern technology with low overheads as we operate from the country and not a
city centre.
We have the specialist knowledge which not all solicitors have in this field
as the partner in charge is a member of the Society of Trust and Estate Practitioners.
Our firm has been in existence for over 200 years and has made and administered
hundreds of estates and trusts in that time. Newer firms are unlikely to have
had the same experience as they are probably waiting for the clients they made
wills for 25 years ago still to die!
When you make a will with us you are free to choose your executors. If you would
like a professional involved we can act as your executor alone or jointly with
members of your family or a friend if you so wish.
How To Make A Will
We do not believe making a will is or should be a mechanical process. Everyone
has different circumstances and we therefore aim to lead you through the issues
and build the right will for you. This can be done speedily with email or ordinary
mail, telephone or a meeting. Why not visit one of our offices? - Selby is a
delightful market town.
Family Law
We offer advice on all kinds of legal problems concerning the family including:-
Divorce and
Separation
Cohabitation
Child Related
Issues
Financial Settlements
Pre Marital
Agreements/Cohabitation Agreements
Inheritance
Disputes
Mediation
Same Sex Relationships/Civil
Partnerships
Our family law department are specialist family lawyers with years of experience.
All of the team are members of Resolution (formerly the Solicitors Family Law
Association).
Family law is complex and constantly changing to reflect the changes in society
and lifestyles. We keep up to date with these changes so that we can offer the
best possible service to our clients.
Our aim is to seek a swift and successful outcome. Where possible we try to
do this via negotiations and view court as a last resort in order to keep costs
to a minimum.
For further information please contact Kirsty Tighe on 01757 703895 or
alternatively email ktighe@parkermarch.com.
Parker March Property Department
Buying or selling your home can be a very stressful time!
We aim to make it as stress free as possible.
Whether you are a first time buyer or down sizing we can guide you smoothly
through the whole conveyancing process.
Our Property Department lawyers are specialists with years of experience.
Linda Letby is a Solicitor and Glynis Hale is a Fellow of the Institute of Legal
Executives. We strive to ensure that all transactions are dealt with efficiently
and guarantee that you will receive professional, well informed and friendly
service.
We have experience of
House and flat sales and purchases
Larger estate purchases
Small Development conveyancing (sale and purchases)
Mortgage and re-mortgage work
Transfers of property (often called transfers of equity) between co-owners or
from sole to joint or joint to sole names often coupled with related mortgage
work
Probate sales on behalf of a deceased person
Matrimonial related property work
Sales off of land – where land is sold off for development or for any other
reason there are often many other matters to be dealt with such a rights to be
granted or reserved, restrictions, future development of the land, fencing, drainage
etc.
We work together with our Solicitor’s Property Shop to offer a Seller
a comprehensive moving package which includes conveyancing. (see Property Shop)
We can also put you in touch with other professionals who can assist you as
required, such as a surveyor or an independent mortgage adviser.
For further information please contact Linda Letby on 01977 685080 or
alternatively email lletby@parkermarch.com
Property Shop
We, at Parker March can offer you a comprehensive home moving package that
aims to find you a buyer and make your life easier.
Parker March is part of the Solicitors Property Shop (SPS) network and you
can benefit from:
Free market
appraisal
Combined estate
agency and conveyancing with just one fee
Peace of mind
that we are regulated by The Law Society
Local newspaper
advertising
Accompanied
viewings
Prominent display
(where possible) in all other member firms offices in Selby, Sherburn-in Elmet,
Leeds, Castleford and Pontefract
Internet advertising
on sps.net and rightmove.co.uk
Prominent for
sale board & quality sales particulars
Friendly, professional
staff with good local knowledge of the area and local market
For further information, or to book your free market appraisal, please contact
Eva Tse on 01757 293620 or alternatively, email etse@parkermarch.com.
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