AT MORGANS WE OFFER A RANGE OF PRIVATE CLIENT SERVICES
At Morgans we regularly advise on:
- The preparation of Wills
- The law for the elderly including Powers of Attorney and the Appointment of Guardianships
- All our solicitors are also Notary Publics
Have you considered how your assets will be divided and who will take care of your loved ones in the event of your death?
Common misconceptions and a reluctance to consider our own mortality has meant that a significant proportion of the population fail to plan ahead and do not make a will. Making a will is the only way to guarantee that your estate is distributed in accordance with your wishes in the event of your death.
The law of intestacy (which dictates how an estate is divided in the absence of a will) unfortunately does not always ensure that your loved ones’ best interests are looked after. The increasing number of modern families composed of cohabitating couples and step children for example, are especially vulnerable in the absence of a will.
Consider this scenario your long term partner with whom you share a home dies suddenly without a will – what happens to the home you share? Many presume that the surviving partner will automatically inherit their partner’s share however under this is simply not the case. The surviving partner may be forced to sell their home as result of another individual, such as a distant relative claiming their right under the rules of intestacy.
Contrary to popular belief even marriage and civil partnerships do not guarantee security.
Unintended beneficiaries such as absent relatives and the HMRC may be the only ones to benefit in the absence of a will.
Making a will is the only way to ensure that your estate is divided as you wish and ensuring your loved one are taken care of – contact Morgans today for an appointment.
Executry work, winding up the affairs of someone who has passed away is another area of our expertise. Acting as an Executor can be a very stressful and time consuming task in the midst of coping with a bereavement. At Morgans, we understand that guidance and making the process as stress free as possible is essential. We offer professional and sympathetic advice in dealing with the deceased’s estate as quickly and efficiently as possible.
POWER OF ATTORNEY
A Power of Attorney is a tool which allows an individual to grant another person of his choosing, whether it be a family member, trusted friend or solicitor, the power to look after their interests and affairs. The powers granted are specific and bespoke in accordance with each person’s needs and so cannot be misused or taken advantage of.
Powers which may be granted:
- Power to manage finances/property.
- Power to make decisions in regards to personal welfare. Note – these powers can only be exercised when the person is determined as lacking the ability to make the decisions for themselves.
Either one or both of these powers may be granted under one order.
Scenarios in which a Power of Attorney may be beneficial:
- An elderly individual may wish to appoint a loved one or a trusted friend with the power to make decisions regarding their personal welfare before their mental state deteriorates.
- An individual who may eventually lose the ability to make welfare decisions as result of mental health issues or illness.
- A business person who travels extensively may wish to appoint another professional person such as a solicitor or accountant to manage their business affairs in their absence.
- A person who may be temporarily unable to manage their financial affairs due to personal circumstance.
Powers of Attorneys are flexible and may be given temporarily or on a long term basis according to the person’s needs.
At Morgans we can provide advice and guide you through the application process. We can help you understand what is involved – whether you will be acting under or granting a power of attorney. We are also able to act under a Power of Attorney.
When a person cannot manage their affairs because they are deemed incapable of doing so and a Power of Attorney has not been put in place it is often necessary for a relative or third party to apply to the court for a Guardianship Order. This often happens because a person is elderly, has dementia or has suffered a stroke which leaves them unable to deal with their own affairs.
A guardianship is a court order to ensure the person is properly protected. The appointment process involves obtaining medical reports and reports from a social worker to ensure that the person is unable to manage their own affairs and also the suitability of the proposed Guardian.
A Guardianship order usually appoints a family member, accountant or solicitor who becomes responsible for the adult’s affairs both welfare and or financial.
Please contact our experienced practitioners Craig Bennet and Sandy Muirhead for further advice and assistance.
To arrange a free consultation please contact us on telephone number 01383 620222, or alternatively you can simply complete the short form below and a member of our legal team will get back to you as quickly as possible…