Have you considered what would happen if you lost capacity and were unable to make decisions? Who would look after your finances, or decide whether you should have a life saving operation?
If mental incapacity is something that you are concerned about, our solicitors can help you decide on the best course of action, whether that is a lasting power of attorney, or an “advance decision” or “living will” as they are more commonly known.
We understand how difficult it can be to discuss issues around mental incapacity. We will take the time to fully explain the options available to you and the implication of each course of action.
If you do not put provisions in place and you lose capacity, the Court of Protection may appoint someone to look after your affairs and make decisions that may not be in line with your wishes. Dealing with the Court of Protection can be complicated and time consuming. Our trusts and estates lawyers are experienced with dealing with these issues and can help take the stress away if this is something you are dealing with.
If someone does not have a will or their will is inappropriate for their circumstances, we can apply to the Court of Protection for a statutory will to be made on behalf of the incapacitated client. A statutory will can be used to help with estate planning and reduce inheritance tax liability, leaving gifts to charity where the intestacy rules would involve an expensive search for relatives and ensuring that gifts the client would have made if they had been capable of doing so are put into effect.
Several members of our trusts and estates department are Mencap recommended and are highly experienced in dealing with mental incapacity issues relating to wills and probate.
To speak to a trusts and estates solicitor about mental incapacity, call or email us today.