Solicitors for Older People

SOLICITORS FOR OLDER PEOPLE

On Thursday, David Borrowman spoke to the Bridge of Allan and Dunblane Rotary Club about Solicitors for Older People.  This organization is a group of Scottish law firms, working in partnership with Age Scotland to provide legal services to older people.  However, as David emphasised, the advice and services offered are also relevant to younger people.  Critical for all of us is the need to have legal arrangements in place to ensure that, in the event of accidents, serious illness or death, appropriate steps can be taken to ensure that the wishes of the person affected are carried out.

As an instance, David illustrated the complications, and costs, arising where someone dies without a will.  In such a circumstance -  and as many as two-thirds of people have no will – control of the estate goes (effectively) to the Government. It then acts to distribute the assets according to set rules, and not necessarily according to what the deceased person would have wished.  Similarly, if serious illness or disability occurs and there is no signed power of attorney, there will be no-one with legal authority to take charge of the person’s financial and other responsibilities.  Finally, David emphasised the benefits of having an advanced directive, sometimes referred to as a living will.  Essentially, this document sets out the person’s wishes in the event of a serious or terminal illness where, for example, he or she is no longer capable of stating their wish about, for example, resuscitation.

All serious and, perhaps somewhat daunting to the lay person.  But, as David pointed out, the route to having appropriate documents is relatively straightforward, and need not be costly.  Indeed, in many instances legal aid may be available.

David also talked about the issues arising when a member of the family has to resort to a care home. David suggested that, with costs that can amount to as much as £1,000 per week, there are steps that can be taken to avoid the family house being sold to defray these expenses.  For this to be effective, is vital to have careful prior planning, particularly in terms of what is specified in wills regarding the ownership of the family house.  There are also alternatives such as making use of equity release as a means of avoiding the need to sell the house.

When making a will, David stressed that the most important thing (having decided to make one) is to appoint a trusted person, or persons, to be executor.  It can be somewhat onerous for that person, but it is much to be preferred to the expense of appointing a bank or solicitor.  Self-written wills, or off-the shelf versions, should be avoided as they are frequently inadequate, or may even refer to a jurisdiction that has different rules.

Similar advice pertains to choosing someone having power of attorney.  It may be a partner, but it is also sensible to have a second person with this power to avoid a situation where the initial person is unable to act.  The document is straightforward, setting out the range of powers given to the person (or persons) chosen.  Again, it is important to have the document drawn up formally to ensure that it has validity.

Where an advanced directive – a living will – is drawn up, it should specify how the person wishes to be treated in the final stage of an illness.  It will also specify to whom the power is given of conveying these wishes to the medical staff. 

As Speaker’s Host, Stuart Brown thanked David for the very valuable advice he had given.  For all, it was important to have the appropriate documentation, and to avoid the temptation of putting off taking the necessary steps.  Members joined Stuart in thanking David for his very helpful comments and advice.

David Borrowman is Senior Partner with Caesar Howie solicitors and is founder of 'Solicitors for Older People' and will be giving a talk on the services of this group.