Q&A - How can Alzheimer sufferer's affairs be managed without Power of Attorney?

Q:  My friend's father has been suffering for Alzheimer's for some time. She has been looking after him but can no longer cope and is looking for a suitable care home for him. The problem is that despite me and others telling her she should get Power of Attorney whilst he was still able to agree to it, she didn't. Now she doesn't know what to do for the best. What can you advise?

A:  If someone is unable to handle their own affairs and there is no formal Power of Attorney in place, then generally the only solution for the person left to handle their affairs is to make an application to the Court of Protection to be appointed as a Lay Deputy. The process is however something of a minefield and the complex procedure can be very stressful. Even in cases where someone has already been appointed as a Lay Deputy they frequently need professional advice about specific applications to the Court of Protection. I would therefore suggest that your friend might want to seek guidance from an experienced professional who can support her through the application procedure.

A few larger law firms such as ourselves have a dedicated Court of Protection team who can assist a patient suffering from mental impairment, or their family, in respect of dealing with queries relating to financial matters, provision of services or welfare issues. A Solicitor can act as a professional Deputy on behalf of the patient and also advise Lay Deputies about the legal requirements of their role. Additionally he or she will have experience of dealing with the preparation of what is known as a Statutory Will. This is a Will that has been approved by the Court on behalf of a patient, often necessary due to circumstances changing after an individual is brought under the auspices of the Court of Protection.

Further information relating to this question is available from Victoria Wilson, a Senior Solicitor with GHP Legal  on 01691 659194, or attend one of our FREE legal diagnostic clinics every Wednesday in Oswestry12-5pm (no appointment necessary) or from Anthony Danvers a Solicitor who specialises in Elderly Client Services with GHP Legal at The Malthouse Business Centre, Llangollen, Tel: 01978 860313.

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Q&A - Can I protect my interest against commercial tenant going out of business? 6th June, 2011 Q.  I own a commercial property and have been seeking a tenant for some time. I am very keen to have the property occupied as I need the rental income, but now a tenant has come forward I have grave concerns as I understand that they have set up a company to give themselves ‘limited liability'. Is there a way I can protect my interest if they should fail in their business? - More...

Q&A - Is my estranged sister entitled to half of our intestate mother's estate? 1st June, 2011 Q: I cared for my parents for many years and when my father died I moved in with my mother to look after her in the family home. I have a sister but she offered no help when I was looking after either parent and in fact rarely ever made contact with me or them. Now my mother has passed away and there is no trace of a Will, either in the house or with any local Solicitors. Is my estranged Sister entitled to an equal share of my mother's estate? - More...

Q&A - Can we sell off the Granny flat which is part of our house? 30th May, 2011 Q: We converted the top floor of our Victorian terraced house into a self-contained "granny flat" with its own entrance, for my widowed mother. The flat is a separate dwelling for Council Tax. Now that Mother has gone into long-term care and our children are at university, the flat is empty. We don't want the fuss of being landlords and responsible for repairs. Instead we wondered if we could we simply sell off the flat; and, as long as we keep paying the mortgage, is there really any need for us to go through all the paperwork and hassle of getting permission from the bank? - More...

Q&A - What is the best way for friends to set up cake-making business? 23rd May, 2011 Q.  A close friend and I were recently made redundant. As we both enjoy baking we have decided to pool our redundancy payout and go into partnership making wedding cakes. What is the best way to go about setting up business together? - More...

Q&A - Can employer of 13 years get away with 4 year redundancy pay-out? 16th May, 2011 Q:  I have worked my employer for 13 years and 4 years ago I was asked to move departments. Last week we were all told we could apply for voluntary redundancy in accordance with funding cuts. I applied and worked out my redundancy package based on my 13 years employment. My application was accepted but the pay-off details stated that I only received a payment based on the last 4 years. I queried this and was told that my contract changed when I moved departments and that is all I am entitled to. Is this correct?   - More...

Law firm to sponsor another theatre production 12th May, 2011 Wrexham's largest law firm has announced it will once again sponsor a summer production at the Town's oldest amateur theatre. - More...

Mental Health patients falling victim to PCT cost-cutting 10th May, 2011 A Wrexham mental health expert has voiced concern that vulnerable mentally ill patients in England and Wales could suffer serious relapses by falling victim to apparent NHS Trust cost-cutting exercises. - More...

Q&A - My tenants have disappeared, taking the keys and owing rent - what should I do? 9th May, 2011 Q.  I own a commercial property. My tenant told me he had some financial difficulties but hoped to pay owed rent the following month. Three months on he has paid nothing and has left the property. He is saying he owes me nothing, and is also refusing to hand back the keys. What should I do? - More...

Q&A - Does son need solicitor present for police station questioning? 2nd May, 2011 Q:  Our son recently got into a fight at school and the head teacher called in the police.  Now it seems the police are holding an investigation into the incident and they have asked us to accompany our son to the police station as they need to ask him a few questions about what happened.  Would it be advisable for us to have a solicitor present? - More...

Q&A - Liability for mortgage after husband's death 1st May, 2011 Q:  My late husband and I owned our family home jointly. For tax reasons, my husband was advised to leave his share in the property directly to our four children, all of whom have "flown the nest". Although they have all promised me that the house is mine to live in for as long as I wish, why am I the only one paying the mortgage each month? The children have not heard anything from the building society and it seems unfair that their father's share has gone to them but I am left paying for it. - More...

Q&A - What are my rights in taking time off work to care for terminally ill wife? 25th April, 2011 Q:  My wife was diagnosed with terminal cancer last year. My employers have since let me work from home. Six weeks ago she was admitted into the hospice and my boss said I could take off as much time as I liked to be with her. Now he says I must make a formal request if I intend to take any more time off. What are my rights? - More...

Family lawyer welcomes domestic abuse death policy changes 21st April, 2011 A member of one of the area's largest family law teams has welcomed the Government announcement that all domestic abuse deaths will be automatically reviewed in England and Wales to ensure lessons about violence in the home are learned. - More...

Brynteg legal clinic enquiries centre on family issues 21st April, 2011 Lawyers from a leading Wrexham law firm who began providing free legal information at outreach sessions in Brynteg a month ago say the majority of enquiries they have received so far are related to family matters. - More...

Sponsor urges local businesses to support Welsh Eisteddfod 21st April, 2011 A leading North Wales law firm is to be one of the sponsors at this year's National Eisteddfod of Wales. The event, which is due to take place from 29th July to 6 August, will be staged in the Wrexham home town of GHP Legal. It is the first time it has been held in Wrexham since 1977. - More...

Q&A - Can we scan newspaper articles for use on our website? 18th April, 2011 Q:  Last year we took on a PR Consultant who has been very successful in getting our press releases into various newspapers and magazines, both locally and nationally. As we also had a new website built which has a News page, we thought it would be a great idea to cut and scan articles from the publications that refer to us. However, a friend thinks we need permission from the newspaper to do this - is he correct? - More...

Free drop-in legal clinics set to continue in Llangollen 12th April, 2011 Free weekly legal clinics that have been running at a Llangollen hotel since the beginning of February are set to continue until at least the summer due to local demand. - More...

Q&A - Is it safe to use a DIY Will Kit? 11th April, 2011 Q:  As a single parent with two children I want to make a Will to ensure they will be looked after if something happens to me, but I'm not sure I can afford a solicitor. My neighbour bought a "DIY" Will Kit from a shop to make her Will. Is this a safe thing to do? - More...

North Wales public to get financial information for vulnerable dependents 5th April, 2011 A Wrexham law firm has been invited by solicitors from the Royal Mencap Society in London to give a joint seminar to members of the public who are seeking financial solutions for the provision of long term care for dependents who are mentally vulnerable. - More...

Q&A - What happens about child custody and access in divorce? 4th April, 2011 Q:  My husband has been having an affair for years but I have turned a blind eye to it for the children's sake. Now he wants a divorce so that he can go and live with this woman. - More...

Q&A - How can I reduce Inheritance Tax liability for the family farm? 1st April, 2011 Q:  I bought my farm 15 years ago when I moved down here from Cumbria. Currently it is in joint names with my wife, though it was always our intention that the farm would pass to our two sons who are now 15 and 18. They may choose to take a different career path when the time comes of course, but what concerns me right now is that the value of the farm on the open market far exceeds the Inheritance Tax relief limit - which could mean a big IHT bill for them if we died. Is there something we can do to prevent this? - More...

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