Preparing for later life
Preparing for later life
What if I have already started to lose capacity?
Kerseys Solicitors are seeing more and more clients approach us in circumstances where they have already received a medical diagnosis of a condition which can affect their mental capacity, or they are already exhibiting symptoms such as memory loss even if a diagnosis has not yet been formally made. This, for many, seems to be the “trigger” that leads them (or their concerned relatives) to review what documents they may need to support them during this difficult time.
Whilst such a diagnosis or the associated symptoms does not necessarily mean that documents such as Wills or Lasting Powers of Attorney cannot be made, it is often the case that the completion of these documents does then becomes more expensive and time-consuming. Where the mental capacity to make a new Will could be called into question, for example, it is best practice for the “Golden Rule” to be followed whereby a suitably qualified medical practitioner is asked to complete a capacity assessment and act as one of the witnesses when the document is signed, usually along with the solicitor who is acting in the matter. In respect of Lasting Powers of Attorney, a suitably qualified medical practitioner is asked to act as the certificate provider, again to confirm that the person completing the document understands what they are doing and the power that they are giving away. This is an important safeguard for the client and also reduces the risk of the document being challenged by a third party at a later stage.
Many clients are, unfortunately, finding that securing a suitable medical practitioner is more difficult than perhaps it should be. Some doctors (such as the GP of the person in question) simply refuse to provide this service, even if they do not believe their patient to have lost capacity, and some other medical practitioners such as social workers may be bound by internal policies which prevent them from acting as witnesses or certificate providers, even if they can complete a capacity assessment. More and more people are having to instruct (and pay) private organisations or individuals, again adding to the cost of completing the documents and the length of time the process takes.
If it is not possible for the client to complete the documents that they require due to a lack of capacity, the Court of Protection would need to become involved and alternative processes followed. Again, the costs and timescales for these matters are far above and beyond those for straightforward Wills and Lasting Powers of Attorney.
No one can predict where life’s journey will take them. Preparing for later life by completing Wills and Lasting Powers of Attorney before the onset of medical conditions often associated with later life, however, can help both you and your relatives navigate this journey and prepare for its twists and turns in the most cost-effective manner possible.
Preparing for later life
If you would like advice about the documentation which can be completed depending on your needs and life stage, please contact one of our offices:
Kerseys Solicitors in Felixstowe on 01394 834557 or at [email protected] or
Kerseys Solicitors in Woodbridge on 01394 813732 or at [email protected] or
Kerseys Solicitors in Ipswich on 01473 213311 or at [email protected]
Kerseys Solicitors in Colchester on 01206 584584 or at [email protected]
