Legal Advice
Dealing with legal problems can be complicated and confusing.
Legal Advice
How solicitors can help you
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.
Lasting Powers of Attorney (LPAs)
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.
Make, register or end a lasting power of attorney
You can make an LPA online or using paper forms. Either way, you will need to get other people to sign the forms, including the attorneys and witnesses.
You can get someone else to use the online service or fill in the paper forms for you, for example a family member, friend or solicitor.
To make an LPA, please visit the gov.uk website.
An LPA is only valid once registered. For information on registering an LPA, please visit the gov.uk website.
Details on ending an LPA arrangement can be found on the gov.uk website.
Acting as a lasting power of attorney
You can make decisions on someone’s behalf if they appoint you using a lasting power of attorney (LPA). You should support them to make their own decisions when possible.
The person who appoints you is called the ‘donor’. You are their ‘attorney’. You do not need any legal experience to act as someone’s attorney.
You can be appointed an attorney for two areas. Please use the below links for more information on the decisions you can make when you can start acting as an attorney for:
For more information on your role as an attorney can be found on the gov.uk website.
Court of Protection
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 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.
Legal Aid
If you're on a low income and your case is serious, legal aid might pay some or all of your legal costs. You might be able to get legal aid if:
- you or your children are at risk of domestic violence or forced marriage
- you're going to be made homeless
- you need family mediation
- you're being discriminated against
- you're taking a case to court under the Human Rights Act
- you've been accused of a crime and face prosecution or a prison sentence
You can find out more about legal aid on the gov.uk website.
You can find a legal aid solicitor on the Law Society website.
You can also ask your nearest Citizens Advice if they have a list of legal aid solicitors.
You can find information about your rights if you are arrested by the police on the gov.uk website.
Free or affordable help
If you can't afford legal advice or support in court, some charities or volunteer lawyers might be able to help. You may find you can apply for money off court fees. Visit the gov.uk website to find out more.
Advocate
If your case is going to court or tribunal, you might find a volunteer barrister to represent you for free through Advocate. Find out more about how Advocate's service works and check whether you are eligible to apply via the Advocate website.
Exceptional case funding
If you can't get legal aid, there's a small chance you might get help through 'exceptional case funding'. You can find out how to apply for exceptional case funding without using a legal professional on the Public Law Project website.
