Archive for June, 2010
Avoid Elderly ‘Snatch’ By State- Make a Health and Welfare LPA
In April 2009, great-grandmother Betty Figg was snatched by social workers against the wishes of her daughter, her former carer.
Social workers arrived with police and a battering ram to remove the 86-year-old woman suffering from dementia from her daughter’s house.
The media quickly spread pictures and video footage of Betty being taken from the house in her wheelchair with a towel thrown over her head.
It seems social services did not agree with Betty’s daughter that it was in Betty’s best interests to be cared by her daughter in a specially converted room, in her daughter’s home.
Could this happen to you and your family?
There is a way that it can be avoided; by giving a health and welfare lasting power of attorney to a family member, social services are prevented from making care decisions.
Without this document, social services can make decisions on behalf a vulnerable person, if they think they lack mental capacity and believe it is in their best interests.
They do not have to follow what the family want and cannot be liable for their decisions.
Simon Mee, of Charles Lucas & Marshall Solicitors, of Newbury, and a member Solicitors for the Elderly, is encouraging all older people to plan ahead and make a health and welfare lasting power of attorney.
‘It is an important document and sensible to get advice about the choices you have.
What happened to Mrs Figg may never happen to you, but if it does, you and your family will be glad you made the power.’
Please contact Simon Mee on 01635 521212 or simon.mee@clmlaw.co.uk
Wills Leaving Bitter Legacy … As More Families Dispute Their Inheritance
Legal disputes over wills are on the rise as more families are prepared to go to court to wage war and claim their inheritance.
Simon Mee, a specialist in wills and estate planning at solicitors, Charles Lucas & Marshall says the firm has seen a sharp increase in people seeking the best way of contesting a will.
“There are many reasons for this,” says Simon Mee. “Disputes can arise because couples live together but don’t get married. Quite often, the deceased has been married more than once, which may leave their will open to dispute by step children or children from previous marriages.”
“We are also living longer and people tend to have more sizeable estates these days. In other words, there is more for people to go at.”
The number of cases among warring families which had to be settled in the High Court last year rose to 228, compared to a mere 83 in 2006. However the number of wills which were legally disputed was far higher as wherever possible solicitors seek to settle the dispute before it reaches court.
“As we live longer, more people are challenging wills on the grounds of mental incapacity,” said Simon Mee. “More people are also leaving their money to charities even when they have children – particularly if they haven’t spoken to their children for years or their children have not provided support during their old age.”
One of the biggest causes of contention is when the deceased has left their estate to a second wife and has not made any direct provision in his will for children from the first marriage.
“This can get very complicated,” added Simon Mee. “But people are having fewer qualms about taking the matter to court if they feel they have been unfairly treated.”
Please contact Simon Mee on 01635 521212 or simon.mee@clmlaw.co.uk
