Legal Advice

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 only make decisions about your personal welfare, which includes your healthcare and giving consent to medical treatment. An LPA for Property and Finance can only 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, properly 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.

 

Solicitors for the Elderly

Solicitors for the Elderly is an independent, national organisation of lawyers who provide specialist legal advice for older and vulnerable people, their families and carers. You can find out more information including your nearest Lawyer on the Solicitors for the Elderly website.

 

Care home contracts for self-funding residents

If you are self-funding your care and have a contract with your care provider, it is important to speak to solicitors with experience in this field. Any contract should 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

If you can't afford legal advice or support in court, you might be able to get free or affordable help. You might get:

• legal aid for a serious problem
• free, reduced cost or fixed fee advice from legal professionals or advice charities
• free legal help from your trade union or other membership organisation
• legal advice with insurance policies
• help to pay court fees

You can find information about your rights if you are arrested by the police on the gov.uk website.

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 could go to jail

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.

Some charities or volunteer lawyers might be able to help If you can't get legal aid or pay for your own solicitor or barrister.

 

Citizens Advice

You can contact your nearest Citizens Advice to see if they can advise on your problem.

 

Law centres

You might be able to get advice from a solicitor or train 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.

 

LawWorks

You can search for a free legal advice clinic on the LawWorks website. The charity's website also has information on other national organisations that might help you. Please note there are no legal advice clinics in Lincolnshire.

 

Advocate

If your case is going to court or tribunal, you might get a volunteer barrister to represent you for free through Advocate.

You have to be referred to Advocate by Citizens Advice, a law centre, or your local MP.

 

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.

You might be able to get a short appointment with a solicitor for free or a set cost. Other solicitors might work for you on a 'no win, no fee' basis.

 

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.

You could speak to an adviser at your nearest Citizens Advice to help you decide what questions to ask the solicitor.

 

'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.

 

Finding a solicitor

You can ask your nearest Citizens Advice if they have a list of solicitors offering 'no win, no fee', free, or fixed-fee advice.

The Law Society website has information on using a solicitor.