Ageing without immediate family to assist

Much of the guidance available these days about planning for the future assumes you have immediate family who are able and willing to assist.

As legal advisers, we know this is not always the case – for a variety of reasons. This is why we make a special effort to get involved with initiatives, such as Ageing Without Children (www.awoc.org), that aim to improve the support and information available to those without immediate family.

In our experience there are many sources of legal advice that fail to address the specific needs of those without immediate family and there are also sources of practical information that fail to address some of the important legal issues that can arise for those living without family assistance.

Issues that often need to be considered include:

The appointment of attorneys

Appointing one or more people to look after your affairs under a Lasting Power of Attorney, if you are unable to do so yourself, is a good idea. It can seem more complicated if you cannot rely on immediate family. However, a specialist lawyer can set out the options and issues to consider regarding the appointment of friends or professional attorneys and explain how to ensure such arrangements are sustainable into the future.

Care arrangements

Ensuring that current or future care arrangements are being properly managed and organised can be a concern. An experienced legal adviser can help you decide how to dovetail this with any arrangements you have concerning a Lasting Powers Of Attorney and whether you wish to appoint a professional specialist to assist with care provider selection or monitoring.

Minimising the risk of your Will being challenged

Cases of Wills being challenged are on the rise. This is a particular risk where Wills are homemade or have been drafted by unregulated advisers. Where you wish to make bequests to charities, friends and certain family members but not others, then it is important to have a professionally drafted Will and, alongside this, detailed notes explaining your decision and choices.

Responsibilities as an Attorney or Deputy

You may be an Attorney or Deputy with responsibility for overseeing a friend’s legal affairs because they are no longer able to do so. It can be a good idea to get professional advice about the legal responsibilities so take on, particularly if you face challenges, interference or slow response from other organisations.