Appointing Guardians in your Will

Currently in the UK, only 67% of adults have a valid Will, and whilst not all of them will have needed to appoint guardians for their children, it is certainly something that many of them will have considered. Deciding who you would like to bring up your children is likely to not be easy. However the thought of knowing that someone you trust will be looking after them after you’re gone should certainly bring some comfort to the matter. After all, the alternative is letting the courts decide on their guardians, something that surely any parent would wish to avoid.

The appointee will only become the child’s guardian if at the death of the testator:

No parent with parental responsibility survived him; or
There was a residence order in his sole favour relating to the child.

Without any guardians in place, under Section 5 of the Children Act 1989 the courts can appoint guardians for a child if there are no parents with parental responsibility, i.e. not named on the child’s birth certificate. Guardians may also appoint a successor, and this is not something that needs to be done in the testators Will.

When appointing guardians in your Will, you should always advise that you seek consent of those you wish to appoint, prior to naming them in your Will. The loss of a friend or family member can be shocking enough without unexpectedly having to take on the responsibility of children.

Having appointed guardians for you children, you should also think about writing a letter of wishes to lay out how you want your children to be raised specifically. You can express how you wish for your children to continue with certain activities such as music lessons, or afterschool clubs. Other examples may include guidelines as to religion, or their education. It should however be remembered that a letter of wishes is just that. It is not legally binding and cannot be enforced and as such it is advisable that when appointing guardians, you choose somebody who will follow the wishes you have set out.

Guardianship – give it some thought. Get in touch today.

Happy Christmas from Richardson’s Wills

7 years ago By Nicola Richardson

I would like to take this opportunity to wish everyone a very happy Christmas. Christmas is a time that stirs up a lot of emotions. It is a time for families to get together and for children to reach the peak of excitement as they wait to see what Santa will bring them.

I loved it when my children were small, the magic of this special time of year. Building their excitement, stockings at the end of the bed and watching their faces as they discovered the presents from Santa under the tree.

But not all children are as fortunate, some will for many reasons, be facing a Christmas without a delivery from Santa. That is why Richardson’s Wills will be supporting ‘Every Child Needs Christmas’.

ECNC is a local charity that collects, wraps and distributes gifts for children who otherwise may face a present-less Christmas. ECNC was started in 2013 and has grown year on year with 3,600 gifts being distributed in 2015. This year the aim is to be able to cover the whole of the BS postcode area.

How to Get Involved with Every Child Needs Christmas

For more information on how you can get involved contact the Every Child Needs Christmas Campaign Team; Sara, Libby and Khurm on 07867575157 or email: sara@BBreak.co.uk

https://www.facebook.com/childsxmas

The Importance of a Lasting Power of Attorney

7 years ago By Nicola Richardson

The number of LPAs granted has tripled – do you understand the benefits of having an LPA?

The number of Lasting Power of Attorney (LPAs) granted annually has tripled between 2010 and 2015.

The increase in the number of LPAs being granted may be due to a drive to increase public awareness and to encourage people to plan for the future.

The LPA is a legal document that appoints someone to help you make your own decisions or make decisions on your behalf. Typically, this would be a member of your immediate family, a loved one or a legal professional.

Having an LPA in place means you can entrust your decision making to someone close to you, in the event that you are no longer able to make those decisions for yourself. With some experts reporting that as much as 60% of the UK population does not have a Will, it is important that people understand the benefits of planning ahead, regardless of our age or health.

Richardson’s Wills can help you set up a Lasting Power of Attorney

If you have any questions or would like to discuss estate planning options, please don’t hesitate to contact us for more information.

To learn more about our Lasting Power of Attorney services, please visit our LPA page here.

LPA Misconceptions

8 years ago By Nicola Richardson

We had a really good response to our summer offer on Lasting Power of Attorney. I enjoyed meeting many lovely people and helping them to put these valuable documents in place.

However, there are still some very common misconceptions regarding these documents. One that I came across several times, was that if you have a joint bank account you are still be able to use it even if one of you lost mental capacity. This is not the case. The British Bankers Association will freeze joint bank or building society accounts. The use is restricted to protect the assets of the vulnerable person. A deputyship order would then need to be applied for through the court of protection. This is a costly and time consuming process.

Health & Welfare

People presume that if they lost mental capacity, a family member would be able to make decisions regarding their care.

The case of Betty Figg in 2009 highlighted that this is not the case. Mrs Figg, who suffered from dementia, was being cared for in a nursing home. Her daughter was concerned that she wasn’t receiving the care that she needed. Mrs Figg had fallen out of bed and was losing weight. Her daughter decided to convert a room in her home for her mother. She discharged her mother from the care home and took her home to live with her family. Sadly Social services did not agree with the daughter’s decision. Two days later, the old lady was snatched back by social services.

A distraught Mrs Figg was wheeled to a car with a blanket over her head. Police who had been called in as back-up threatened to smash the door with a battering ram if the family did not hand her over.

Eventually Mrs Figg was returned to live with her family. This was a distressing sequence of events, that could have been avoided had Mrs Figg created a health & welfare Lasting Power of Attorney.

For more information regarding Lasting Power of Attorney please contact Nicola Richardson:

Phone: 01173 215858
Email: nicola@richardsonswills.co.uk

Common Misconceptions of LPA

8 years ago By Nicola Richardson

Misconception #1 – Your Joint Bank Account is Still Accessible After an Account Holder Loses Mental Capacity

One common misconception is that if you have a joint bank account then you can continue to use it, if one of the account holders loses mental capacity. This is not the case. The British Banking Authority has a duty to protect the assets of the vulnerable person. So the joint account will be frozen.

Misconception #2 – You don’t need a Health & Welfare LPA to Make Decisions About a Loved One

Another was that you don’t need a health & welfare lasting power of attorney to be able to make decisions regarding the care of a loved one, should they lose capacity. Many believed that they would automatically be involved in the decision making process. This is not the case. However, with the document in place, the relevant authorities have to respond to the attorney as if they were the person they are acting for. Therefore giving that person a voice when they most need it.

Problems These Can Cause

Both of these are still commonly held views and both are things that are really important. Problems are caused by not being able to pay bills or having access to money held in a joint account. Whilst applying to the court of protection for a deputyship order your accounts will be frozen. The court may not even grant family members the deputyship order. In many cases the local authority are awarded the deputyship.

For the sake of a making these documents you can save a huge amount of worry and stress for the people you love. It will also ensure you continue to have a voice.

For more information regarding Lasting Power of Attorney please contact Nicola Richardson:

Phone: 01173 215858
Email: nicola@richardsonswills.co.uk