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Fergusson Law, Solicitors in Edinburgh – Private client legal services

News

Fergusson Law shares their latest news, the latest legal news and provides some legal advice on this blog.

NEWLY RETIRED? PLAN FOR THE FUTURE

By the year 2040 one in 12 of us will be aged over 80. With an ageing population, it makes sense for each of us to consider the future and put in place plans for future care and legal protection to look after our affairs.

Care Home Planning

Advice from Fergusson Law can help smooth the process of choosing to move to a care home.

  • Write a Will which helps preserve your assets for your family and minimise care home costs.
  • Help you budget your money and arrange for all your bills to be paid.
  • Deal with your state benefits and apply for additional benefits if you are eligible.
  • Sort out your tax affairs including Income Tax.
  • Deal with the Local Authority on your behalf.

Power of Attorney

This is a very useful legal tool which everyone should consider putting in place.  By making a Lasting Power of Attorney, you are able to choose who will have the legal authority to manage your affairs and speak on your behalf if, in the future, you lose capacity to do so because of physical illness, frailty or mental health issues.  It is a comfort to know that one or two people whom you trust completely and who know your preferences and life choices, will be able to stand in for you when you are in need of help.  A word of caution. We advise against having joint Attorneys.  By all means have more than one who can each act for you alone but it can be complex if two people have to be present together at, say, a bank branch, in order to take any action.  We can explain further .  Ring us on 0131 556 4044.

There are two types of Lasting Power of Attorney; one dealing with property and finance and the other concerned with health and welfare matters.

Making a Will

Making a Will, is relatively quick and simple. It can also give you peace of mind, knowing that your affairs are in order, so that everything will be straightforward for your family and loved ones.  We offer fixed prices and will store your Will. 

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Powers of Attorney - Avoid the Problems

The Financial Ombudsman Service (FOS) published tips today, 4 February, to help banks and consumers avoid problems when supporting people who are losing the capacity to manage their finances. Complaints about Powers of Attorney are on the rise.

On average the body is receiving 30 to 40 new cases every month, up from 25-30 last year, often involving highly distressing situations.

Most of the issues relate to misunderstandings about what powers have been granted.

However, the FOS says most of these grievances could have been avoided by consulting a competent solicitor. The FOS is issuing new advice for bank staff and donors registering or appointed representatives that hold a Power of Attorney, to help alleviate the tensions.

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Poor Power of Attorney advice can cost you money

Whilst the thought of appointing someone to act for you if you become incapacitated is not a topic many like to think about and can be quite emotional, the implications of not having an LPA when you need one can cause an even bigger strain on the family.

Without an LPA people will find themselves powerless to do even the simplest things on their loved ones behalf, such as pay their bills or decide on their daily routine.

Obtaining a lasting power of attorney saves families an enormous amount of heartache when a loved one becomes incapacitated. 

"For the individual who has granted an LPA it also puts their mind at rest that they will have someone they trust acting on their behalf if the worst happens. Getting the right advice and support is key."

Contact Fergusson Law  today for expert help and advice on setting up a power of attorney.

http://www.telegraph.co.uk/finance/personalfinance/10959579/Power-of-attorney-how-flawed-system-cost-one-family-30000.html

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