How solicitors can help older people
A solicitor can give you impartial advice about wills, making gifts, estate planning, and Lasting Powers of Attorney (LPAs). Some can also offer guidance on immediate and long term care plans and can ensure the NHS and Lincolnshire County Council has made the correct contribution to your fees.
LPAs allow you to appoint someone you trust to make decisions on your behalf for when you are unable to do so yourself. An LPA for Welfare can make decisions about your personal welfare, which includes your healthcare and giving consent to medical treatment. An LPA for Property and Finance can make decisions about your property and financial affairs. An LPA is only valid once registered with the Office of the Public Guardian.
The Court of Protection can issue orders directing the management of your property and financial affairs if you are incapable of managing your own affairs and you do not have an LPA.
An ‘advance directive’ allows you to communicate your wishes in respect of future medical treatment, but it is not legally binding. You may instead wish to make a living will, known as an ‘advance decision’, setting out treatment that you do not want to receive in specified circumstances. This would legally have to be honoured, even if there is a risk that you may die as a result.
Any proposed gift out of your estate needs careful consideration of the benefits, risks and implications, particularly on any future liability for care costs or tax liability.
Care home contracts for self-funding residents
If you are self-funding your care and are looking into or have a contract with a care provider, you may also wish to take legal advice from a solicitor to assist you with any proposed arrangements and have someone explain:-
- the cost of care
- what services are included in the price and how often this is reviewed
- what complaints procedure is in place
- what your rights are and the obligations of the care provider under the contract
- the procedure for cancelling a contract
- the administering of medication
Finding a solicitor
You can ask your nearest Citizens Advice to help you find a solicitor.
Alternatively, you can search The Law Society’s Find a Solicitor webpage. This free service is for anyone looking for information about organisations or people providing legal services in England and Wales that are regulated by the Solicitors Regulation Authority (SRA).
The Association of Lifetime Lawyers formerly (SFE) Solicitors for the Elderly is a community of likeminded legal professionals with additional skills to support older and vulnerable clients with the legal advice. They are dedicated to making a difference in the lives of those who need their support the most. You can find out more information including your nearest Lawyer on the Association of Lifetime Lawyers website.
You may be able to obtain advice from a solicitor or trained legal adviser at a law centre. You can find your nearest law centre on the Law Centres Network website. Please note, there are no Law Centres in Lincolnshire.
You can search for a free legal advice clinic on the Law Works website. The charity's website also has information on other national organisations that might help you.
Getting advice for free or a fixed fee
Some solicitors give 30 minutes' legal advice for free. Some offer a fixed fee; that way you'll know in advance what the advice will cost. You can call a solicitor's office and ask if they offer a free half hour or a fixed fee.
A free or fixed-fee appointment can help you find out your rights and legal position. It's a good way to find out whether it's worth taking someone else to court or if you have a case that's worth defending.
'No win, no fee' schemes
Some solicitors offer 'no win, no fee' as a way of paying for civil cases, such as personal injury. No win, no fee agreements are sometimes known as 'conditional' or 'contingency'.
If you win the case, your solicitor will usually be paid by the other side.
If you lose, you won't usually pay your solicitor's fee but you'll still have to pay something. You'll usually have to pay the other side's costs. You might have to pay your solicitor's expenses.
