Bartletts Solicitors

Helping Chester & Wrexham Families & Business For Over 158 Years

Call Us Free   Phone  0800 988 3674  
or Mobile  Mobile 0333 200 4465  

Flintshire Solicitors

flintshire solicitorsOur Flintshire solicitors are proud to serve clients in and around Flintshire, Wrexham, and throughout North Wales. We offer a Welsh language service for those who wish to use it and provide legal advice that rivals that of much larger firms with the personal service of a local practice.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

Admin staff answered phone promptly and were always friendly and cheerful. My questions and concerns were always addressed promptly and response to was was swift. My conveyancer took great care to explain complex issues and ensure I understood. I felt he always had my best interests at heart.

What do our Flintshire Solicitors Specialise In?

Our Flintshire solicitors offer a wide range of legal services and have experts in many different areas of law, including the following:

Housing, Mould & Disrepair Solicitors

Our housing, mould, and disrepair solicitors specialise in assisting tenants living in substandard conditions. We have an excellent track record in forcing both private and social landlords to adhere to their legal obligations and pay our clients the compensation they deserve.

Residential Conveyancing Solicitors

Our Flintshire solicitors have an exceptional insight into the local property market, making us ideally placed to assist clients with all aspects of residential conveyancing. Whether you’re a first-time buyer, moving to a new home, or buying an investment property, we are on hand to provide the legal and practical advice you need.

Commercial Conveyancing Solicitors

Our Flintshire solicitors regularly assist local businesses with all types of commercial conveyancing issues, including commercial leases, land development, and buying and selling commercial premises. We offer expert legal advice tailored to your commercial needs, ensuring your business interests are fully protected.

Agricultural Law Solicitors

Our agricultural law solicitors specialise in assisting those working in modern farming navigate the host of issues they face. We have a thorough understanding of all aspects of agricultural law, including contract farming, capital gains tax, and quota transfers.

Personal Injury Solicitors

Personal injury law is at the heart of what our Flintshire solicitors do. We advise clients who have been injured in all types of accidents for which they were not at fault, including road traffic accidents, accidents at work, and slips, trips, and falls. We have developed a specific niche in representing clients who have been injured in accidents in hair and beauty salons and laser clinics.

Wills And Probate Solicitors

Our Flintshire solicitors offer a comprehensive service to clients in need of wills and probate advice. We can assist you in drafting a will that accurately mirrors your wishes and ensures the assets you have worked so hard to accumulate go to those you love. We routinely work with executors and administrators, helping them adhere to their many legal obligations and avoid incurring any personal liability when administering the estate for which they are responsible. We advise clients involved in will disputes, fully protecting their interests while seeking to preserve important family relationships.

What Can Our Flintshire Solicitors Offer You?

Outstanding Expertise

Our Flintshire solicitors are true experts in what they do. Our commitment to employing the very best legal professionals and supporting them in their ongoing professional development has led to us to become market leaders in our practice areas.

Excellent Client Care

At Bartlett’s, our client’s interests are at the heart of everything we do. Our Flintshire solicitors understand that many of our clients have had no previous involvement with legal issues and may feel apprehensive about the process. We go above and beyond to put our clients at ease and ensure they feel fully supported from the outset of their case until its conclusion. We are committed to building long-lasting working relationships with our clients, many of whom recommend us to their family and friends and return to our Flintshire solicitors time and time again for assistance with their legal matters.

A Commitment To The Local Area

Many of our Flintshire solicitors have strong ties to the local region, having been born here and making the area their home. As a result, we really care about our local community, and we believe they deserve the very best legal advice at competitive rates.

Value For Money

Our Flintshire solicitors are committed to providing our clients with real value for money. We offer a range of funding options, including no-win no-fee arrangements for personal injury cases and fixed-fee arrangements for some other matters.

We charge for most of our work on an hourly basis, and we offer extremely competitive hourly rates. Where possible, we will provide a quote for your entire matter at the outset, to enable you to budget accordingly. Where we can’t do that, for example, because we don’t know how the other side will respond, we can provide quotes for each stage of the matter. We will keep you updated with regular fee breakdowns so you can see the work our Flintshire solicitors carried out at each step.

To speak to our experts please call us free of charge on  0800 988 3674 or Make A Free Online Enquiry.

I am very satisfied with your service thank you so much.

    If Someone Has Dementia, Can They Make A Will & Lasting Power Of Attorney?

    Making plans for what happens to your estate when you die can seem daunting, but in our experience it’s always worth putting plans in place sooner rather than later simply because the future is unknown.

    It is estimated that around 900,000 people in the UK are currently living with dementia and although the bigger risk of developing dementia occurs after 65, more than 40,000 individuals under 65 have early-onset dementia.

    What happens if you develop dementia before you’ve finalised plans for your estate? Can you still make a Will or Lasting Power of Attorney (LPA)?

    It is possible for you or your loved one to make a valid Will or LPA if you are living with dementia – as long as you have the mental capacity to do so.

    Wills & Dementia

    Thankfully, there are times we are able to help clients with dementia to make a Will, but it is far from straightforward and there is an increased risk of a claim being made against the person’s estate after they die.

    The challenge is proving the individual has the mental capacity to make a Will despite their dementia diagnosis.

    If you or your loved one can still understand enough to make decisions about the Will, then you can make a Will. Speak to a solicitor for legal guidance and it’s advisable to get a statement from your doctor to confirm you have the mental capacity at the time of writing your Will, as this will help to avoid disputes later on.

    What If You Can’t Make A Will Because You Have Dementia?

    If it’s too late for you or a loved one to make a Will, then what happens next depends on whether there is an earlier Will.

    If there is a valid Will that was made earlier, then this will stand as your legally valid Will.

    If no Will exists, the rules of intestacy will apply when you die – unless family members ask the Court of Protection to approve a statutory Will on your behalf as a statutory Will is designed to detail those wishes someone would make if they had the mental capacity to make their own Will.

    LPAs & Dementia

    Both types of Lasting Power of Attorney (LPA), the ones for property and finances, and the ones for health and wellbeing, enable someone to appoint an attorney or attorneys to make decisions on their behalf if they lose the mental capacity to do so themselves.

    To make an LPA, you must have the mental capacity to make decisions.

    You can still have the capacity to make one if you or a loved one has dementia because your solicitor can assess your mental abilities referencing the Mental Capacity Act 2005.

    A 2022 case provided clarity on what mental capacity for LPAs means, stating the need for “relevant information” and the ability to retain it.

    The information a person needs includes an understanding of:

    • The effect of the LPA
    • Who the attorneys are
    • What powers the attorneys have
    • When the attorneys can use their powers
    • How the attorneys can use their powers
    • Having the power to revoke the LPA when they have the capacity to do so

    To make an LPA, a Certificate Provider must sign it to verify that the individual understands all they need to with regards to the LPA – which provides both reassurance at the time that the person has the mental capacity to make an LPA and helps to prevent future LPA disputes.

    It’s worth noting that an LPA is only legally valid once it is registered with the Office of the Public Guardian, so don’t forget to register the document once it is completed and signed.

    What If You Can’t Make An LPA Because You Have Dementia?

    If you or your loved one’s dementia is advanced and this means there is an inability to make decisions, you can’t make an LPA.

    In this situation, there are 2 options for you or a loved one:

    • Apply to be a deputy
      You can apply to the Court of Protection to be your loved one’s appointed deputy. As deputy, you have legal rights to make decisions for and on behalf of your loved one. It is similar to having an LPA in place but comes with more restrictions and management, and can take a while to set up.
    • Appoint a professional deputy
      You can appoint a professional deputy, such as Bartletts Solicitors, to make decisions for and on behalf of your loved one.

    Seek Medical Opinions To Prevent Future Challenges

    If there are concerns about your or your loved one’s mental capacity to make a Will or an LPA, ask for a medical professional’s opinion. You can arrange for a doctor to run an independent assessment of mental capacity or to provide a written medical statement to confirm you have the mental ability to understand and make this decision.

    How We Can Help You With Your Concerns Over Making A Will Or LPA With Dementia

    Our Wills and probate team of solicitors can help you or your loved one if you have dementia and want to put a plan in place to protect your estate and family.

    Our friendly approach and thorough understanding of this complex area of law has enabled us to help many clients with dementia to put plans in place to protect loved ones.

    It’s always best to act sooner rather than later and with our help, we’ll make the process as straightforward, effective and stress-free as possible. We can help with drafting Wills, assessing if a Will is legally valid, securing court approval for a statutory Will, creating an LPA, or applying to be a loved one’s deputy.

    To speak to us about making a Will or an LPA if you or a loved one has dementia, please please contact us or email advice@bartletts.co.uk

    Wills & Lasting Power Of Attorney – Do You Need Both?

    wills Bartletts Solicitors ChesterWhen it comes to protecting your own interests as well as those of loved ones, the short answer is that you do need both a Will and a Lasting Power of Attorney (LPA) in place.

    This is because one covers you during your lifetime and the other, after you die.

    What Is A Lasting Power Of Attorney?

    Many people confuse an LPA for a Will, and vice versa. However, they are very different things.

    Making a Power of Attorney means appointing someone or a couple of people whom you trust, to manage all your affairs on your behalf should you ever become unable to do so.

    Your appointed person under an LPA has the legal power to make decisions and to act on your behalf and in your best interests if you ever can’t, while you’re alive.

    There are 2 types of LPAs:

    • Property and financial LPAs
    • Health and welfare LPAs

    People become incapacitated for numerous reasons, including following a brain injury or dementia. By putting an LPA in place while you’re still mentally capable, you will benefit from peace of mind that your decisions and management of all affairs will be handled by your chosen person or people in the future should you no longer be able to do so.

    What Happens If There Is No LPA In Place?

    If you lose the ability to care for yourself before appointing an individual under an LPA, then the Court of Protection might not allow you to set up an LPA. If this happens, your family will need to apply to the Court for a Deputyship Order – a long and stressful process that only adds to the emotional stress of this time.

    If an LPA has already been made, your trusted person is able to act on your behalf immediately.

    What’s The Difference Between An LPA and Will?

    An LPA protects you while you’re alive whereas a Will protects your loved ones after you die by ensuring your wishes are carried out.

    An attorney is appointed under a Lasting Power of Attorney, to manage your financial and/or health and wellbeing affairs during your lifetime if you ever become unable to do so yourself.

    An executor is appointed in your Will, to distribute your estate according to your wishes expressed within your Will.

    You can appoint the same person to fulfil both roles – an attorney to act during your lifetime and an executor to act after you die – but you need to appoint them to give them the legal authority to undertake each duty.

    How We Can Help You With Your Will & Lasting Power Of Attorney

    It’s vital that you make a Will as well as appoint trusted individuals to act on your behalf while you’re still alive, should you ever need them to, by naming them under an LPA.

    By doing both, you ensure that you have the legal protection that someone will make the right decisions and fight for your wellbeing on your behalf should you lose the ability to do so yourself during your lifetime, and that loved ones will be cared for and protected after you die.

    Our solicitors are trained in the specialist legal knowledge of Wills and LPAs and have extensive experience of helping clients to draft Wills and correctly appoint individuals under an LPA.

    To speak to us about making or updating your Will or LPA, please contact us on 01244 311 633 or email advice@bartletts.co.uk or complete a Free Online Enquiry and we will soon be in touch.

     

    What Is A Lasting Power Of Attorney?

    What Is A Lasting Power Of Attorney?A Lasting Power of Attorney (LPA) is a legally-binding document that enables one person to give someone else the right to make decisions on their behalf when they no longer have the mental capacity to make these decisions on their own. Or, when they are finding it difficult to arrange their own affairs, for example if they have mobility issues.

    Lasting Powers of Attorney are created for many reasons and, regardless of the reason why, creating one gives someone else the legal power to make financial and medical decisions for you when you are no longer able to or, when you feel you need some help.

    How Does A Lasting Power Of Attorney Work?

    When someone decides to appoint an Attorney, they are referred to as a Donor. A Donor gives one or more individuals the right to make decisions on their behalf – and the person or persons being given this right is referred to as an Attorney.

    Entering into an LPA is a complicated procedure as there are rules that must be followed.

    To help you create an LPA, the rules you need to be aware of include the following:

    • You should apply for an LPA before you need it
    • You need to be mentally capable when you enter into an LPA
    • You can choose one Attorney or more
    • If you choose more than one, you decide if your Attorneys make decisions together (“jointly”) or make some decisions together but also act separately at times (“jointly and severally”)
    • You can decide to appoint your Attorney for a set amount of time or indefinitely
    • You can decide what decisions your Attorney or Attorneys have the power to make for you
    • An LPA becomes legally valid once it has been registered with the Office of the Public Guardian until you, the donor, dies or you decide to cancel an LPA while you still have the mental capacity to do so

    Enduring Power of Attorney Vs Lasting Power of Attorney

    In 2007, the Lasting Power of Attorney (LPA) replaced the Enduring Power of Attorney (EPA). However, EPAs completed before 2007 are still legally valid. EPAs  can be used by an Attorney without it being registered if you still have mental capacity. An Attorney must register an EPA if the donor no longer has mental capacity. An EPA can only be used for property and financial affairs and cannot be used for someone’s health and welfare.

    There are 2 types of LPA:

    Property and Financial Affairs LPA

    This LPA is to do with the decisions regarding your money and property. This can be used as soon as it is registered.

    A Property and Financial Affairs LPA can help you to:

    • Pay bills and mortgage
    • Collect your pension
    • Manage your bank accounts and investments
    • Arrange any property repairs
    • Buy and sell property

    Health and Welfare LPA

    This LPA is to do with the decisions regarding your everyday life and wellbeing.

    You can also provide your Attorney with the power to accept or refuse life sustaining treatment on your behalf.

    This LPA can only be used when you no longer have the capacity to make your own health and welfare decisions.

    A Health and Welfare LPA can help you to:

    • Manage your daily routine
    • Arrange where you live
    • Find a care home
    • Manage medical care and treatment

    General Power of Attorney

    There is also a General Power of Attorney, which is used for a set period of time or purpose and only gives power to the Attorneys to act while the donor has full mental capacity.

    A General Power of Attorney can help you to:

    • Manage certain circumstances such as when you’re recovering from an illness or fall
    • Receive help with making decisions when you’re away, such as on an overseas trip

    How We Can Help You Apply For A Power Of Attorney

    The right Power of Attorney can really help you and a loved one to manage and better cope with difficult times, enabling decision making to become more straightforward and effective. By having a Power of Attorney in place, you have complete peace of mind that no matter what happens in the future, you are able to make the best possible decisions for a loved one or that they are able to make the best possible decisions for you on your behalf.

    Our experienced solicitors are here to help you with the application, the process, and with any queries you may have regarding Powers of Attorney.  We will provide the support and advice you need to make the process of applying for Power of Attorney and of being an Attorney for someone, as easy and effective as possible for you.

    To speak to one of our solicitors for further information or advice on Power of Attorney, you can contact us on 01244 311 633 or email advice@bartletts.co.uk

    What Factors Contribute to the Continued Rise in the Number of LPAs?

    The number of Lasting Power of Attorney (LPA) arrangements in England and Wales continues to rise, with 691,746 applications to register received in 2020/21 according to the Office of the Public Guardian. While this represents a substantial decrease from the 917,553 applications received in 2019/20, it is worth remembering that only 43,113 LPAs were registered in the year 2008/09. Furthermore, in August 2014 the total number of registered LPAs was just over one million, while there are now over 5.3 million registered in England and Wales.

    The dramatic rise in LPA registrations over the last decade is in large part due to the increasing number of people affected by dementia and related conditions (including Alzheimer’s disease), which account for roughly 70,000 deaths in the UK every year – the country’s leading cause of death. The mortality rate has more than doubled since 2010, with reasons including the ageing population, more effective treatment of other conditions such as heart disease and the growing dementia diagnosis rate. According to the Alzheimer’s Society, there are currently around 900,000 people living with dementia, a figure which is projected to rise to almost 1.6 million by 2040.

    When a person loses their mental capacity after developing a dementia condition such as Alzheimer’s disease, another person, normally a family member, will need to make decisions on their behalf. For this reason, many people choose to set up a Lasting Power of Attorney following a dementia diagnosis to ensure that their best interests are safeguarded as the condition progresses. Once mental capacity is lost, it can be a costly and complicated process for a third party to assume responsibility for a person’s finance and property and/or health and welfare affairs. A Lasting Power of Attorney arrangement therefore represents a sensible, practical and cost-effective means of planning ahead.

    Find out more about our fixed fee LPA legal service:

    https://www.bartletts.co.uk/our-services/wills-probate/expertise-in-power-of-attorney-since-1860/

    What Changes Have Been Made to the Power of Attorney Process?

    The Government is looking at proposals to digitalise the Lasting Power of Attorney process in what would be the biggest shakeup of the system for over 30 years. Demand for digital services has increased dramatically in recent times, particularly during the Covid-19 pandemic, and the current paperwork-heavy system is viewed by many as outdated, with people having to wait at least 12 weeks (and sometimes months longer) to register an LPA.

    The new proposals to modernise the process could make setting up Power of Attorney easier, quicker and more affordable, although there are concerns about the risks a digitalised system may pose to older and vulnerable people. Many either do not own a smartphone or computer, or else are unfamiliar with making digital applications over the internet, making mistakes in applications highly likely. These ‘donors’ may also become targets for fraud or abuse of the powers that an LPA confers on the ‘attorneys’ who are appointed to handle their financial affairs. Robust safeguards will therefore need to be in place to protect the elderly and vulnerable, including advanced donor identity checks to protect against identity theft.

    One of the proposals which the Government will examine is setting up a dedicated fast-track service for those who need an LPA urgently, often because a relative’s health has suddenly worsened, leaving them incapable of making important decisions on their own behalf during the sometimes lengthy period it currently takes to register Power of Attorney. However, this is not the Government’s preferred option, as it does not believe it is possible to create a faster and simpler fast-track service with the necessary safeguards to protect donors.

    Removing the requirement for a witness could also help simplify the process, although an LPA could potentially be witnessed remotely. The Government appears to favour abolishing the role of the witness altogether and replacing it with new, as yet unspecified safeguards that serve the same purpose. A further proposal involves making the application process faster and more efficient by implementing a digital checking service. This would involve applications being digitally checked as they are made and sending them for registration as soon as they are completed, thereby significantly reducing the current delay between executing and registering Power of Attorney, as well as the possibility of an LPA being rejected.

    New safeguards against fraud will also be considered, including enhancing the power of the Office of the Public Guardian to take more robust measures to verify the identity of both donors and attorneys, deal with complaints against the latter and make it easier for concerned parties to object to an LPA.

    Demand for Power of Attorney has increased dramatically in recent years, with roughly five million LPAs registered in the UK, and there now appears to be agreement among legal professionals and the relevant Government authorities that the current system is not fit for purpose in the digital age and is ripe for reform.

    Find out more about our fixed fee LPA legal service:

    https://www.bartletts.co.uk/our-services/wills-probate/expertise-in-power-of-attorney-since-1860/

    What is the Court Of Protection and Lasting Power Of Attorney?

    Both Court of Protection and Lasting Power of Attorney are applied in situations where a person doesn’t have the mental capacity to make their own decisions – however, the difference between the two lies in their assignment.

    If you have the mental capacity to choose a person to manage your personal affairs, you would do so using a Lasting Power of Attorney. However, if you have lost your capacity to make decisions for yourself then you would need to apply to the Court of Protection in order that a decision can be made for you.

    Court Of Protection

    The Court of Protection exists to make a decision about someone’s financial and/or welfare matters for individuals who don’t have the mental capacity to make these decisions for themselves, for example, this often happens if a person develops dementia.

    An order can also be made for a chosen individual, a deputy, to make ongoing decisions for a person using a Property and Affairs Deputyship Order or a Health and Welfare Deputyship Order.

    Usually, the appointed deputy is a family member but deputies can also be friends or neighbours or a professional such as solicitor or accountant – as long as the individual acts in the person’s best interests and is able and willing to make the decisions.

    An application to the Court can be made if ever there is a disagreement between the health care providers and the deputy, and a judge will make the decision in the person’s best interests.

    Who Can Be A Deputy?

    The Court has certain requirements potential deputies need to meet in order to be appointed as a deputy to make financial and/or welfare decisions on the person’s behalf.

    Court requirements include:

    • Being aged 18+
    • Either a close family member or friend, or suitable professional
    • Being able to demonstrate suitability to make financial decisions and declare what assets that person has
    • A medical certificate that certifies the person doesn’t have mental capacity to manage their own affairs or make a particular decision
    • You can instruct a solicitor to make the appointment of deputy on your behalf and ask for these costs to be paid from the person’s assets

    The appointment fee is £365 plus an annual supervision fee to the Office of the Public Guardian that supervises deputies.

    Lasting Power Of Attorney

    A Lasting Power of Attorney (LPA) enables you to plan for the future by appointing someone to act on your behalf should you no longer be able to.

    There are two types of LPA – one for health and welfare decisions, and one for property and financial affairs. A person can choose the same attorney for each LPA or both.

    With the Property and Financial Affairs LPA, the individual can decide for the attorney to make decisions on their behalf straightaway and before they lose mental capacity. This provides more flexibility as the attorney can begin to act on their behalf while the person is still of sound mind.

    Usually, there is no Court of Protection involvement. However, if something arises outside the scope of the LPA or if problems arise, then the Court can make decisions instead on behalf of the person and even appoint a deputy if needed.

    Deputy Or Attorney?

    While the appointed deputy and chosen attorney are similar in that they both make decisions on behalf of the individual, the deputy is chosen by the Court when the person has lost mental capacity whereas the attorney is chosen by the person when he/she has full mental capacity.

    With an attorney, you are in control as you choose who will be your attorney and make decisions on your behalf when needed. You also have the support from the attorney sooner rather than later as a Property and Financial Affairs LPA can be used straightaway if the individual so wishes.

    An LPA is quicker, easier and less costly to set up than appointing a deputy via the Court of Protection.

    However, there are more legal safeguards in place with deputyships as the Court of Protection is involved in making sure the appointed deputy is making the right decisions that are in the best interests of the person. The Office of Public Guardian reviews the deputy’s decisions every year, which is why there is an initial cost as well as ongoing costs where a deputy is appointed.

    It’s important you speak to a solicitor to find out more about the options before making a decision, to find the right solution for you.

    How We Can Help You With Your Deputy Or Attorney Needs

    Our solicitors are here to help with any legal needs you have with regard to the appointment of or potential issue with a deputyship or attorney, and will take the time to understand your circumstances and wishes fully in order to provide you with personalised advice and support.

    We can assist with the application to be a deputy or the creation of an LPA, as well as assist with any disputes with appointed deputies or attorneys.

    Furthermore, our thorough knowledge of this complex area of law means we can advise you on the pros and cons of deputyship and LPAs to help you realise which route is right for you.

    To speak to one of our specialist solicitors about the Court of Protection or LPAs, or for assistance with becoming a deputy or appointing an attorney, contact us on freephone 0800 988 3674 or Chester Tel: 01244 311 633 or email advice@bartletts.co.uk

     

    © Bartletts Solicitors Limited 2024 – Offices in England and Wales