1. How much will it cost me?

Legal advice like anything else you buy costs money, but its value can be enormous. Charges vary depending on the expertise and experience of the fee earner as well as how complicated the work is. We will always give you a costs estimate in our client care letter. If an hourly rate is quoted we will agree a fixed spending limit and contact you when this is reached to get your agreement to continue.

2. How long will it take?

We aim to be realistic. Depending on the nature of the work your case could be concluded in a number of weeks when for example selling a house, or it could take several months for example when dealing with a deceased’s estate.

3. Why should I use your firm?

We have a wide range of experience in many disciplines of the law. We will be sympathetic and understanding and once you have appointed us we will consult you at every important stage. We will find out from the start what you are hoping to achieve and aim to make sure that your expectations are realistic. We will make an effort to explain things clearly, explain what the costs are likely to be and update you on progress as work proceeds. We will treat you fairly and keep what you tell us confidential.

4. Why use a lawyer anyway?

We are highly trained, experienced and subject to the strict rules of professional conduct issued by the Law Society. We are covered by Professional Indemnity Insurance. We will send you a client care letter and explain our terms of business at the beginning of the case.

5. What will be expected of me?

We can only given you our best advice if the information you give us is accurate and complete. In order to understand your circumstances and give advice, we will need you to provide relevant paperwork. When you attend your first appointment we will ask you to bring proof of identity documents with you so that we can comply with the recently introduced Money Laundering legislation. These can include: a current signed passport; a photo-card driving licence; a birth certificate or a recent gas, electricity or other household bill.

Planning for “later life” – the Legal Point of View

by SUSAN GAYNOR-SMITH, Solicitor, of Gaynor-Smith Owen & Co, 133-135 Barnards Green Road, Malvern, Worcs, WR14 3LT – a member of Solicitors for the Elderly* and of STEP (Society of Trust and Estate Practitioners).

• When should the planning process start?
• How do Enduring Powers of Attorney work?
• How may these be affected in the future by the Mental Capacity Bill?
• Can we create certainty amidst confusion?
• How can we protect our assets, remain in control and provide for (or obtain funding of) the cost of long-term care in later life?

These may be questions asked of a Solicitor specialising in the ever-expanding area of “Elder Law”. The Solicitor consulted will detect the needs of such Clients to receive assistance and advice amidst the current media attention and bureaucracy surrounding the Mental Capacity Bill, National Health and Community Care legislation, developing Case Law, Ombudsman decisions and debate on the meaning of “Nursing Care”.

• The planning should start whilst we have sufficient mental capacity and understanding to make important decisions and before physical or mental incapacity prevents us from managing our assets. Whilst we are able to speak and act for ourselves, we should maximise that opportunity!

The making and reviewing of Wills and estate planning may provide a convenient opportunity for the Clients to raise such issues with their Solicitor.

• Enduring Powers of Attorney are legal vehicles enabling us to appoint Attorney(s) to act for us if and when we are unable to do this ourselves. These should be executed whilst we have the required mental capacity to understand their legal effect, and so as to ensure our assets can be managed efficiently by chosen and trusted individuals should we become “incapacitated”. When elderly people are rushed into hospital an Enduring Power of Attorney can be invaluable.
• Certainty may evolve out of an apparent state of confusion if the Solicitor and Client can work closely together, but also with the invaluable help of a sound Independent Financial Adviser. If required, Gaynor-Smith Owen & Co can recommend experienced Independent Financial Advisers to assist Clients in addressing these issues, and often working with external voluntary agencies such as Age Concern.
• Legal advice may also be sought on the creation of legal trusts in the re-structuring of one’s assets to cover the likely costs of long-term health care issues and in mitigating Inheritance Tax on death.

In a world where at times a frail, ill or elderly person can experience feelings of confusion, sadness, loneliness and vulnerability, the fruition of advanced planning may serve as a comfort factor.

The following check-list may aid clarity of thought before your next consultation with your Solicitor!

1. Should I review my Will and further my estate planning?

2. Should I appoint an Attorney to act for me and, if so, how and when should this be done?

3. Should I be considering making provision for long-term care costs, at the same time preserving assets and retaining control?

4. What rights do I have as a carer or as a person being cared for in later life?

5. Who is responsible for providing necessary care, and how will such be financed?

6. Who can I turn to if I am in a position where I cannot speak for myself?

Legal Advisers can advise only on the law as it stands, but be assured, help is at hand!

*Solicitors for the Elderly, Tel: 01733 326769.
Website: www.solicitorsfortheelderly.com.