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Care after lost capacity

Making a Will usually legally requires a person to have the mental capacity to understand what decisions they are making or what they are agreeing to. There are some instances, however, when this is not possible. Smith Roddam Solicitors can help you make a Will for a family member or loved one who lacks mental capacity.

Making a Will usually legally requires a person to have the mental capacity to understand what decisions they are making or what they are agreeing to. There are some instances, however, when this is not possible. Smith Roddam Solicitors can help you make a Will for a family member or loved one who lacks mental capacity. 

No one likes to think of a time when they are old and unable to care for themselves, but it does happen. We regularly hear of conditions like Alzheimer's, Dementia, strokes, amongst others, that are unfortunately often associated with the benefit of enjoying a long life. So what happens if a loved one is already suffering from one of these conditions and they do not already have a Will in place? If you would like to have a Will drawn up for your loved one, you will need to have a Statutory Will which requires approval from the Court of Protection.

This process is often more complicated than a regular Will as it must be shown to the court that you are well-intended and are not trying to take advantage of the person with lost capacity. Our specialist solicitors can support you through this process so you know what to expect, what level of detail will be needed in order for the court to consider the application, what responsibilities you must fulfil throughout the process and how arrangements will be made and reported should your application be successful.

Let Smith Roddam Solicitors help take the stress out of caring for a loved one after lost capacity. Contact us today to see how we can help on 01388 881 611.

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Wills and probate

Life is full of twists and turns and none of us can be sure what the future holds. That’s why creating a will makes good sense. As more and more people realise the importance of making a will, it’s no longer seen as something just for the elderly or ill but simply part of sound financial planning for any family or individual.

Power of attorney

In an uncertain world it’s reassuring to know that our wishes will be respected even if we’re not in a position to make our own decisions. That’s why many people choose to create a lasting power of attorney (LPA) to provide protection should an accident or ill health prevent them from making decisions in the future.

Advanced decisions for medical treatment | Wills & Probate

Making an Advance Decision about medical treatment and ongoing care avoids any misunderstanding about what your wishes are should you no longer be able to communicate them. Smith Roddam Solicitors can help you plan ahead.

Care after lost capacity

Making a Will usually legally requires a person to have the mental capacity to understand what decisions they are making or what they are agreeing to. There are some instances, however, when this is not possible. Smith Roddam Solicitors can help you make a Will for a family member or loved one who lacks mental capacity.

Community care issues

When adults have special care needs, the local authority is often responsible for providing community care services to help support the individual in their daily life. Community care services can include services provided in your own home, or at another location within the community.

Estate administration

Upon the death of a relative, administering their estate is an important step to undertake. In some circumstances, this is more difficult because there is no will or it is somehow invalid. Smith Roddam Solicitors can guide you through what the right steps are.

Inheritance and tax planning

Planning ahead for when you die allows you to set out clearly who should get what from your estate. Smith Roddam Solicitors can help you think through your plans and their financial impact. Our aim is to ensure that your loved ones are cared for when you no longer can.

Making a will

For many of us, making a will is something we know we should do but never quite get round to. Of course, it’s important not to put it off and the good news is that at Smith Roddam Solicitors, making a will could be much quicker and easier than you think.

Will and inheritance disputes

The terms of a Will can cause distress. If there isn’t one, this is difficult too. Smith Roddam Solicitors can advise on any matter where a will or inheritance is in dispute.

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