Elder & Vulnerable Client services

Based in Bromley, London, Sevenoaks and West Wickham, our private client solicitors tailor their legal services to individual needs, ensuring accessibility and prioritising the best interests, and rights, for our vulnerable clients, both through clear communication and careful attention to relevant legislation.  

Most of our private client team are Alzheimer’s Society Dementia Friends, and members of the Association of Lifetime Lawyers, which reflects our genuine commitment to providing a compassionate, supportive and informed approach to all.

We have immersed ourselves within our communities and are actively involved in local dementia-friendly initiatives, building on close relationships with care professionals, which also enable us to offer support that goes beyond our legal advice, helping to create a more comfortable and secure journey for you and your loved ones.  As part of our support for Bromley Dementia Friendly Community, we work together and host monthly networking Dementia Awareness Business Networking Breakfasts for businesses and organisations to help make Bromley more dementia friendly.

Our Dementia Journey brochure

At Thackray Williams, we see, all too frequently, how dementia has touched the lives of our clients, and their families, and in so many different ways. With that in mind, we wanted to offer some gentle guidance, readily available, in case you too, need to consider planning ahead, for a loved one. Our “Dementia Journey” brochure offers insights to help you plan for personal and legal matters, in the hope of easing any potential and future difficulties.

Whilst not all information will be relevant right now, having access to an overview of the potential challenges, available actions, and supportive organisations, beyond those of our legal team, can be incredibly helpful, when looking to the future; and we want to ensure that we continue to provide a reassuring and understanding experience.

The word ‘dementia’ describes a set of symptoms that may include memory loss and difficulties with thinking, problem-solving, co-ordination or even day to day language. These changes are often small to start with, but for someone living with dementia, they may already have become severe enough, to impact their daily life; they may also be experiencing changes in their mood or behaviour. Dementia itself is caused when the brain is damaged by diseases, such as Alzheimer’s or a series of smaller strokes; but Alzheimer’s is the most commonly recognised cause of dementia, although it’s not the only one. The specific symptoms that someone with dementia will experience depends entirely on the parts of the brain that have been damaged, and the disease that is causing the dementia.

How our private client team can assist you

Covering, London, Bromley, West Wickham and Sevenoaks, our solicitors assist with Lasting Power of Attorneys, Advanced healthcare directives (Living Will), marking a Will, intestacy, estate planning, gifting and Court of Protection.

What is a Lasting Power of Attorney and what does it do?

A Lasting Power of Attorney (LPA) is a legal document in England and Wales that lets an individual (the “donor”) appoint one or more trusted people (the “attorneys”) to make decisions on their behalf.  They provide decision-making power.  The LPA allows the appointed attorneys to make decisions for the individual in specific situations, depending on the type of LPA created.  They also prepares for future incapacity.  An LPA is created while the individual still has mental capacity, ensuring their wishes are considered if they lose the ability to make decisions themselves in the future, due to illness, injury, or another reason.

Our private client solicitors regularly assist both Attorneys and Deputies in administering their responsibilities and we ourselves regularly act in that capacity for many of our clients where they don’t have someone appropriate to take on that responsibility.

Our team is highly experienced in the preparation and registration of LPAs and talking through the decisions that you need to make when granting such a Power to ensure that what is a very powerful document does give you the support, protection and control of your affairs that you intend.

What is an existing Enduring Power of Attorney?

Existing Enduring Power of Attorneys (EPA) were the legal instrument used before Lasting Power of Attorney (“LPAs”) were introduced in 2007 and gave someone authority to make property and financial decisions for someone else. Existing EPAs can still be used, although you can no longer make a new one. Unlike LPAs, EPAs can be used without being registered if the ‘donor’ (the person who made the EPA) still has mental capacity. 

If the individual has lost mental capacity, the EPA must either: 

• Be registered by the Office of the Public Guardian (OPG)
• Have already been registered by the Public Guardianship Office – the body that replaced OPG 

You can tell if the EPA is registered by looking at the front page of the document, where you’ll find: 

• A perforated stamp at the bottom saying ‘Validated’
• A stamp at the top with the date of registration 

If the EPA is unregistered it won’t have these stamps, but must still have been signed inside by all of the following: 

• The individual
• One or more ‘attorneys’ 

It is important to always look through the complete EPA, as details within it might describe specific powers it gives the ‘attorney(s)’ beyond the general authority a standard EPA provides. Each EPA might also impose limits on what an attorney(s) can do. To be valid, the EPA must have been signed before October 2007, which is the date when EPAs were replaced by LPAs. If the EPA was signed after October 2007, it is invalid. If the EPA is invalid, the individual can create an LPA, if they still have mental capacity. If the individual now lacks mental capacity, their attorney(s) could apply to the Court of Protection for a Deputy Order to make decisions on their behalf.

What is an Advance healthcare directive (Living Will)?

An advanced healthcare directive, often referred to as a Living Will, is a legal document that allows you to express your wishes for medical care in advance, specifically in situations where you are no longer able to make decisions for yourself due to illness or injury.

What does an Advance healthcare directive (Living Will) do?

What it Does: 

• Specifies treatment preferences: you can outline the types of medical treatments you would or wouldn’t want to receive if you are terminally ill, in a coma, or in a permanently unconscious state
• Provides guidance for loved ones: the document helps your family, healthcare providers, and any appointed healthcare decisionmaker understand your wishes, easing decision-making during a difficult time
• Promotes autonomy: it allows you to have a say in your medical care, even if you can’t communicate your wishes at the time

What are the benefits of having a living Will?

• Peace of mind: knowing your wishes are documented can provide peace of mind for you and your loved ones
• Reduces family burden: it can lessen the burden on your family during a stressful time by providing clear direction for your care
• Ensures respect for your wishes: it helps ensure your healthcare decisions are made according to your values and preferences

What does a Living Will typically cover?

• Use of life-sustaining treatments: this might include decisions on artificial respiration, CPR, or dialysis
• Pain management and comfort care: you can specify your preferences for pain medication and comfort measures
• Organ donation: you can indicate your wishes for organ donation after death

Important considerations for a Living Will

• Legal requirements: Living Will laws vary by geography. It is important to check the specific requirements in your area to ensure your document is legally valid
• Complementary documents: a Living Will often works in conjunction with a healthcare power of attorney, which appoints someone you trust to make medical decisions on your behalf if you are incapacitated
• Review and update: it is advisable to review and update your Living Will periodically, especially after significant life events or changes in your health

Intestacy

Intestacy refers to what happens to someone’s assets (belongings) when they die without a valid Will. In this situation, the law steps in and distributes the estate according to a predetermined formula, typically prioritising spouses, children, and other close relatives. This can lead to unintended consequences if the deceased had specific wishes for their belongings. To avoid this, creating a Will is highly recommended and legal advice should certainly be sought if a person lacking mental capacity to make a Will has never made a Will and there are concerns about how their estate will be disposed of when they die.

Making a Will

Having a Will is crucial for ensuring that your wishes are followed after you’re gone. It grants you control over how your assets are distributed, whether it’s money, property, or cherished belongings. Without a Will, the state dictates how things are divided, which might not align with your intentions. A Will can minimise stress for loved ones during a difficult time, by providing clear direction. It can prevent family arguments by eliminating any guesswork about your desires. Ultimately, a Will offers peace of mind, knowing your legacy is handled according to your plan.

Estate planning

Estate planning isn’t just about Wills. It is about safeguarding your loved ones’ future and ensuring that your wishes are met. By creating an estate plan, you can designate who inherits your assets, minimising confusion and potential conflict. It allows you to appoint trusted individuals to manage your finances and healthcare in case of incapacity. Estate planning can even help reduce your tax burden, leaving more for your beneficiaries. Ultimately, it is an act of love and responsibility, giving you peace of mind knowing your family is protected

Court of Protection

Deputyship – is a legal process that empowers someone to make decisions on another individual’s behalf. This becomes necessary when a person lacks the mental capacity to manage their own affairs, often due to dementia or illness. Unlike a Lasting Power of Attorney (LPA), Deputyship is used when there is no LPA is in place. The court appoints a Deputy, typically a family member, or close friend, to make decisions regarding the individual’s finances, property, or personal well-being, or potentially both. This ensures the individual receives proper care and their wishes are considered as much as possible. 

Statutory Will – is a legal document created for someone who lacks the mental capacity to make their own Will. This typically occurs due to Alzheimer’s or other conditions affecting mental competence. The Court, through the Court of Protection, grants permission and oversees the creation of the Statutory Will. This ensures the individual’s wishes are still honoured as much as possible, even if they can’t directly participate in the process. While not as ideal as a self-made Will, a Statutory Will offers peace of mind by ensuring a loved one’s estate is handled according to their likely desires. 

Gifting – Wills aren’t just about dividing your entire estate. You can use them to distribute specific gifts to loved ones or causes you care about. This could be a cherished family heirloom for a grandchild, a set amount of money for a niece’s education, or a donation to a favourite charity. There are different ways to structure these gifts in your Will, such as leaving a specific item, a fixed sum of money, or even a percentage of your remaining estate after debts and other gifts are settled. Through thoughtful gifting in your Will, you can ensure meaningful items or financial support go to the people or organisations you value most, creating a lasting impact beyond your lifetime.

Contact our private client team

Our specialist private client solicitors in London, Kent and the South East have extensive, and specialist experience of helping elder and vulnerable clients plan their personal and legal matters.   Please speak with one of our expert private client lawyers today by calling 020 8290 0440.