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The Elderly

Lasting Powers of Attorney

The Enduring Power of Attorney (EPA) has been replaced by the Lasting Power of Attorney (LPA). Existing EPAs remain effective. An LPA may allow the attorneys to manage an incapable person's legal and financial affairs and a welfare LPA may allow the attorneys to make welfare decisions. The LPA contains a certificate which must be completed by a competent person at the time when the LPA is created stating that the donor of the LPA has mental capacity and is not being influenced to make the Deed by anyone else. The LPA must be registered at the Office of the Public Guardian before it... Read more

Care Home Fees

Although, statistically, few people have to go into a care home many people have concerns about paying for such accommodation. Paying for Care Accommodation If you are assessed as requiring nursing or care accommodation the local authority will assess your financial circumstances to establish whether you are required to pay some or all of the fees. Your income, savings and investments and, possibly, your house will all be included in the assessment. You will have to pay the full cost of the care if your capital exceeds £23,000 (in England). The local authority will disregard the... Read more

Giving Your House Away

Provided no one else has any 'legal interest' in your house such as a co-owner or mortgagee, in general, there should be no legal bar to your giving your house away Practical Considerations If you give your house away and continue to live in it you will merely be a 'Licensee'. That means that you are living there with the consent of the owner but that consent may be withdrawn at any time and you would have to leave. If you have given your house to a close relative, such as your child, you may be confident that they would not withdraw their consent. However, if the child were to die... Read more

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