Legal

Services for Older Clients At Stone King we have particular expertise in dealing witholder people, their families, friends and carers. The legalproblems are often complex and invariably require anapproach of patience, extreme sensitivity and tact. At

Stone King we have developed a range of specialist skillsto address the particular issues facing older people andtheir families including:

Wills and Probate Only by making a will can you gain peace of mind inknowing that your affairs will be left in order. Whateveryour circumstances we can offer a personal, bespoke, yetcost-effective service . This can include advice on ways toprotect assets from means testing for care fees andinheritance tax planning. We also provide sensitive andpractical advice on all aspects of estate administration. Weact directly as executors or assist lay executors in thisrole.

Disputes We have a wealth of experience in dealing with a widevariety of disputes that can effect older individuals andtheir families

� Disputes relating to a persons’ capacity

� Allegations of financial abuse

� Disputes about making decisions on behalf of a mentallyincapable person

� Challenging Local Authority and NHS decisions aboutthe funding of an individuals’ care

� Disputes involving the Office of the Public Guardian andCourt of Protection

For further information on this topic please contact Kerry Rogers on 01225 324480or email kerryrogers@stoneking.co.uk

www.stoneking.co.uk

Stone King LLP – registered limited liability partnership no OC315280, registered office 13 Queen Square, Bath BA1 2HJ

© Stone King LLP 06/2012

“At Stone King we have particular

expertise in dealing with older people,

their families, friends and carers.”

“Partners in the firm are often appointed

by clients to act as attorneys for them.”

Long term care issues Many people are concerned about how they will fund theirown long term care or that of a loved one. Means testingprocedures can be confusing and it is often not clear whois responsible for funding care and what financial help aperson is entitled to. We can advise on who is responsiblefor funding and ensure that people receive the rightfinancial support. We also work closely with specialistindependent financial advisors to ensure you receive thebest advice on funding care. Often people are unaware thatthey might be eligible for non means tested funding forlong term care from the NHS. We have secured substantialrefunds for clients whose cares fees should have beencovered by the NHS, including retrospectively after aperson has died.

Powers of attorney We all take decision making for granted. Every decision wemake – from the largest to the most insignificant – shapeswho we are and what we do. Imagine if you could no longermake decisions for yourself. Who would decide where youlive, what medical treatment you receive, what clothes youwear, who has contact with you, how your money is spentand invested? We can advise on the drawing up of LastingPowers of Attorney (LPAs) – formal documents which giveother people authority to make decisions for you when youcan’t. With these documents, a person can name attorneysto deal with their financial affairs and/or make decisionsabout their personal welfare, including decisions abouttheir medical treatment. Partners in our team areregularly appointed as attorneys for people who do nothave family or friends they want to appoint as attorneys.Our specialist team not only advises about the preparationof LPAs but also provides advice to attorneys already

appointed under both LPAs and Enduring Powers ofAttorney (EPAs) about their powers and duties We alsodeal with the registration of both LPAs and EPAs with theOffice of the Public Guardian and can assist incircumstances where disputes arise in relation to theregistration, use and operation of EPAs and LPAs.

Advance Decisions (Living Wills) Some people want to make their wishes known about whatfuture medical treatment they would or would not like toreceive if they lost capacity to make those decisionsthemselves. These wishes can be recorded with anAdvance Decision (sometimes referred to as a ‘Living Will’)and our team can advise on and assist with the preparationof such documents.

Deputyships and Court of Protection ApplicationsProblems can often arise if an individual loses capacity buthas not made a valid EPA or LPA appointing someone tomanage their affairs. In such circumstances it is possibleto make an application to the Court of Protection for one ormore people to be appointed as Deputies to makedecisions about that individual’s finances and, in certaincircumstances, their welfare.

The Court can also be asked to make one-off decisionsabout the finances and welfare of a person who lackscapacity. Finance decisions include amending or makinga new will for the incapable person and approving gifts

from the person’s assets for tax planning purposes.Welfare decisions include decisions about the personson-going care or medical treatment.

Our team has a wealth of experience in making suchapplications to the Court of Protection.

Managing affairs Often we are approached by older people and their familieswho don’t know where to turn for help and advice aboutarranging care for themselves or a loved one. We can liaisewith social services, help locate suitable residential/carehomes and coordinate the person’s capital and incomeresources to ensure that their assets are managed andexpenses paid in the most efficient and beneficial manner.We can even assist with the arrangements for the person’smove, and the clearance and sale of their property.

Sometimes people simply need a helping hand to keep ontop of their affairs. In these circumstances we can providea ‘secretarial service’ to provide help and assistance toindividuals to keep their affairs in order and ensure thatthey are able to continue managing their own finances.