1. www.hartbrown.co.uk Distinctly Better

2. www.hartbrown.co.uk Alyson Coulson And Shaun Parry-Jones Partners, Trust & Investment Department Presentation to: Guildford & Waverley CCG 28 th January 2014

3. www.hartbrown.co.uk Get proper advice!  This talk is for general information only. They are general thoughts and principles and should not be relied on for your own purposes as everyone’s circumstances are different.  Before taking any action, you do need to consider taking proper independent legal advice, which will address your particular circumstances in respect of the matters discussed.

4. www.hartbrown.co.uk About Hart Brown 1.One of the largest legal practices in Surrey 2.Founded in 1919 3.6 offices: Woking, Cobham, Cranleigh, Guildford, Godalming and Wimbledon Village 4.15 Partners – about 105 staff

5. www.hartbrown.co.uk About our Legal Departments  Commercial business  Commercial property  Residential property  Family  Civil  Trust & Investment

6. www.hartbrown.co.uk Trust & Investment  16 lawyers  IHT planning  Trusts  Wills  Estate administration  Lasting powers of attorney

7. www.hartbrown.co.uk Lasting Powers of Attorney  Shaun Parry-Jones  “Qualified”  Age is no concern!

8. www.hartbrown.co.uk Lasting Powers of Attorney  Wills  MCA 2005

9. www.hartbrown.co.uk Lasting Powers of Attorney  What are they?  Powers of attorney  Enduring powers of attorney  Lasting powers of attorney.... and if you don’t make provision?

10. www.hartbrown.co.uk Lasting Powers of Attorney The Alternative  Appointment by the Court of Protection  Deputyship  Who applies?  Costs  Restrictions – acting on behalf of the Court  Accounts

11. www.hartbrown.co.uk Lasting Powers of Attorney 2 Parts  Property and financial affairs  Health and welfare

12. www.hartbrown.co.uk Lasting Powers of Attorney Property and financial affairs  Buying and selling property  Operating bank accounts  Dealing with investments  Tax affairs, claiming benefits

13. www.hartbrown.co.uk Lasting Powers of Attorney Health and Welfare  Where to live and who to live with  Day to day decisions, diet, dress  Medical examination or treatment – refusing/consenting

14. www.hartbrown.co.uk Lasting Powers of Attorney Health and Welfare  Who the donor has contact with  Assessment for and provision of community services  Arrangements to facilitate dental or medical treatment

15. www.hartbrown.co.uk Lasting Powers of Attorney Health and Welfare  Complaints about the donor’s care  Whether the donor should take part in social or leisure activities, education or training  Personal correspondence and papers

16. www.hartbrown.co.uk Lasting Powers of Attorney Health and Welfare  Rights of access to personal information (e.g. medical records)  Life sustaining treatment-specific question, witness required  Advance decisions v LPAs

17. www.hartbrown.co.uk Advance decisions  Valid; and  Applicable  Capacity  Consequences

18. www.hartbrown.co.uk Lasting Powers of Attorney The Process  Take instructions  Draw up and sign the document  Certificate – skills or knowledge based, 1 or 2 providers  Attorneys sign  Register the LPA

19. www.hartbrown.co.uk Lasting Powers of Attorney Drawing up the document  Appointment – how many Attorneys?  Joint or joint and several? or both!  All property and affairs?  With restriction?  Dialogue boxes

20. www.hartbrown.co.uk Lasting Powers of Attorney  When does it come into use?  Property and financial affairs  Health and welfare

21. www.hartbrown.co.uk Lasting Powers of Attorney  Checks and balances  Choice of attorney  Certificate/s  Storage of document  Registration  The register

22. www.hartbrown.co.uk Lasting Powers of Attorney  Registration process  Notice  Application  Registration  The attorney can then assist  Role of the Court of Protection

23. www.hartbrown.co.uk Lasting Powers of Attorney The question is: What will happen if you, someone close to you, or someone in your care, lose capacity?  Don’t put it off or leave it to chance  Act now, it doesn’t just happen to others!

24. www.hartbrown.co.uk Questions? Alyson Coulson & Shaun Parry-Jones Partners with Hart Brown

25. www.hartbrown.co.uk Practical issues When will you be asked to work with us as lawyers?  Assessment of mental capacity  Completion of formal forms for the Court  Acting as witnesses on documents

26. www.hartbrown.co.uk When might capacity assessments be required?  Making a will  Making or registering a power of attorney  Revoking a power of attorney  On application for deputyship – capacity to manage financial affairs

27. www.hartbrown.co.uk Witnessing documents Why do we ask? – the “golden rule” Kenward vs Adams (1975) Where a will has been drawn up for an elderly person or someone who is seriously ill, it should be witnessed or approved by a medical practitioner. It is assumed that the medical professional will have made an assessment of capacity.

28. www.hartbrown.co.uk To assist or not?  What is the policy of your employer?  Take advice from your professional body  Do you feel confident to assist?

29. www.hartbrown.co.uk Questions? Alyson Coulson & Shaun Parry-Jones Partners with Hart Brown

30. www.hartbrown.co.uk Distinctly Better