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Harold Stock & Co. Solicitors

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    01457 835597
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    0161 682 2400
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    0161 456 5012
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Claire Atkinson, specialist Solicitor for the Elderly defends Lasting Powers of Attorney

25th August 2017 by Harold Stock & Co

  • Claire Atkinson, specialist Solicitor for the Elderly based at Harold Stock & Co Solicitors, has defended lasting powers of attorney
  • This follows comments from a former senior judge that power of attorney orders are open to financial abuse
  • But national group Solicitors for the Elderly says with the right advice, powers of attorney can act as important safeguard
Claire Atkinson
Claire Atkinson
Wills and Probate Solicitor
ca@haroldstock.com
01457 835597

Claire Atkinson  has defended lasting powers of attorney (LPA) after Denzil Lush, the former Senior Judge of the Court of Protection, warned they may leave elderly people open to abuse.

An LPA is a powerful legal document that allows a person to appoint trusted individuals to make important decisions about care and finances on their behalf, in the event of a loss of mental capacity through an accident or illness such as dementia.

In the foreword to a new book on the subject, Mr Lush raised concerns about the “lack of transparency” in how appointed attorneys manage older people’s finances. The former judge went on to criticise the Ministry of Justice as being “disingenuous” in its promotion of the legal document.

However, Claire Atkinson – a member of national organisation Solicitors for the Elderly – said LPAs are effective safeguards when created responsibly:

“Senior Judge Lush’s comments have given rise to fears that LPAs are a direct avenue for financial abuse. However, his comments must be put into context, as his 20-year career at the Court of Protection will have presented him with the very worst cases of financial abuse.

“An LPA can be a positive and effective legal tool, which ensures your wishes are respected should you ever lose capacity. Senior Judge Lush’s comments should highlight the clear need for professional advice when considering powerful legal documents of this nature.”

 Top tips on drafting a lasting power of attorney

Solicitors for the Elderly (SFE) is an independent, national organisation of over 1,500 lawyers, such as solicitors, barristers, and chartered legal executives, who provide specialist legal advice for older and vulnerable people, their families and carers.

SFE has been campaigning to ensure essential checks and controls are conducted when making an LPA. Here are SFE’s top tips to ensure your lasting power of attorney is effective, legally robust and safe:

Plan early – While you have capacity, it’s vital that you get your affairs in order and choose the best people to manage your affairs, in case of an accident or illness. You can’t appoint an attorney once you lose capacity.

Choose carefully – Think carefully who you want to appoint as your attorney and have an open conversation with them so they understand your wishes and what their responsibilities will include. Consider appointing more than one person as your attorney so they can share the responsibility.

Consider appointing a professional – A family member might not always be the best person to act as your attorney. Instead, you can appoint a professional such as a solicitor. They can act as a neutral third party and make unbiased decisions that are in your best interests. Bear in mind this usually involves a cost.

Think about different circumstances – Consider how you would like your attorney to manage your property and financial affairs in different situations. For example, are you happy for your property to be sold to pay for your care costs?

Address the difficult questions – Your attorney might have to make difficult decisions about your health and welfare. If you have specific wishes around your care plans, medical treatment, or end of life wishes, make sure you discuss this with them and make your choices clear in your document.

 Seek professional advice – Shop-bought and online LPA kits may be suitable for those with very straightforward financial situations or with considerable legal experience, but for most people, seeking professional legal advice is the best way of ensuring that an LPA is effective, legally robust and safe.

Keep your plans current – Make sure you keep your LPA updated if your circumstances change. Your choices around the people you want to be responsible for your finances and wellbeing may change, such as following a marriage or divorce, when children reach adulthood, or if parents pass away.

For more information regarding Solicitors for the Elderly visit: http://www.sfe.legal 

If you are thinking about putting an LPA into place, contact Claire Atkinson to discuss your options further.

SFE

Filed Under: News

The General Election will not stop big changes to personal injury awards

30th May 2017 by Harold Stock & Co

Whichever party forms the next Government, pressure from insurance companies will lead to the removal of the right to “proper” compensation for whiplash injuries that many of us have suffered in car crashes that have not been our fault.

The changes will see compensation payments being slashed by up to 90%.

For example, if you suffer a whiplash injury that causes you pain for between 1 and 2 years a Judge today may award you between £3,000 and £6,000. Next year the   proposed tariff scheme for the same injury would involve a   payment of only £1,820!

On top of that the insurers won’t be made to pay the costs for a lawyer to help you in getting therapy, medical evidence and in listing your losses so that your claim can be maximised and settled quickly. Any legal costs would have to be deducted from your compensation.

As there is little that can be done to prevent the new rules on road traffic/whiplash claims from being introduced next year, we are keen for anyone who has been involved in an accident to get in touch for a free chat.

Act now to avoid receiving a lower  compensation award that may not cover all your losses.

If you currently have a Solicitor acting on your behalf and are unhappy with them or would like a second opinion, please contact a member of our team to discuss your case. 

Our Personal Injury Team 

Debra Woolfson
Solicitor
0161 456 5012
dw@haroldstock.com
Angela Doggett
Solicitor
01457 835597
ad@haroldstock.com
Kirsty Dunn
Chartered Legal Executive
01457 835597
kmd@haroldstock.com

Filed Under: News, Personal Injury

St. Ann’s Hospice Obstacolour Run 2017

20th March 2017 by Harold Stock & Co

On Sunday 19th March 2017, a team from Harold Stock & Co Solicitors took part in the St. Ann’s Hospice Obstacolour Run. 

A huge thank you to everyone who took part. It was cold, wet and very muddy but I am pleased to say that everyone turned up and fought against the elements to complete the run. 

If you would like to donate to St. Ann’s Hospice, you can do so here https://obstacolour.everydayhero.com/uk/harold-stock-co 

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Filed Under: News

Who’s Watching You?

6th March 2017 by Harold Stock & Co

Are you a regular user of social media? Covert video surveillance has been used by insurance companies for a long time in claims for compensation arising out of an accident or other injury. With advances in technology, our team of experienced specialists have seen insurance companies increasingly turn to social media and the internet as a method of surveillance using Facebook status updates, You Tube videos, Instagram and Snapchat posts and photographs together with tweets as a way to defeat or reduce a claim for compensation. It pays to remember that the internet is not private.

[Read more…] about Who’s Watching You?

Filed Under: Litigation, Medical Neglience, News, Personal Injury

Discount Rate Change Should Help Those With Life Changing Injuries

28th February 2017 by Harold Stock & Co

From 20th March 2017, after a wait of 16 years, victims of accidents and medical mistakes will finally have their compensation worked out in a way that should help them to cover the costs of their rehabilitation and expenses going forwards.

This week’s announcement by the Ministry of Justice that the discount rate applied to compensation awards in personal injury cases will go from 2.5% to minus 0.75% is welcome news for those who have been seriously injured through no fault of their own.

[Read more…] about Discount Rate Change Should Help Those With Life Changing Injuries

Filed Under: News, Personal Injury

Our claim to fame…

14th February 2017 by Harold Stock & Co

A couple of years ago and before my time, we ran an advertising campaign to coincide with Valentine’s Day. You could say this campaign was a success although not necessarily for the right reasons! It has since appeared on a number of lists of the most un-romantic gestures on Ladbible, etc. 

Whilst the poster may not have been to everyone’s taste, it did carry a serious message. Our recent article, What happens if you die without making a will? explained what would happen with your estate should you not make a will or if your will is found to be invalid for some reason. 

I will be the first to admit that there are better ways to treat your loved one on Valentine’s Day than making a will but I would also ask that you give serious consideration to making a will in the near future if you have not already got one or updating your current will if there has been a change in your circumstances.

If you would like to discuss making a will, please contact Claire Atkinson in Mossley on 01457 835597, Ivana Bailey in Failsworth on 0161 682 2400 or Darren McGuinness in Stockport on 0161 456 5012. You can also email info@haroldstock.com

Whatever you are doing today, I wish you all a happy Valentine’s Day. 

Alexandra Newman

Practice Manager

Filed Under: News, Wills and probate

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harold stock solicitors

Mossley (Head Office)

55-57 Stamford Street
Mossley
Tameside OL5 0LN

Tel: 01457 835597
Fax: 0330 024 9210

harold stock solicitors

Failsworth

Ivy Business Centre
Crown Street
Failsworth M35 9PB

Tel: 0161 682 2400
Fax: 0330 024 9210

harold stock solicitors

Stockport

Pepper House
1 Pepper Road
Stockport SK7 5DP

Tel: 0161 456 5012
Fax: 0330 024 9210

Email: info@haroldstock.com

Harold Stock & Co Solicitors is a trading name of Harold Stock & Co Limited, a Limited Company registered in England and Wales. Company No: 07201476. Registered Office: 55-57 Stamford Street, Mossley, Tameside, OL5 0LN. Authorised and regulated by the Solicitors Regulation Authority (535629). VAT No: 991 015 916 A full list of Directors is available at the Company’s Registered Office.

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