Alan England is a Solicitor who has practiced in the following specialist fields for more than 35 years.

• Wills
• Probate
• Powers of Attorney
• Court of Protection (Office of the Public Guardian)
• Tax Planning
• Long Term Care Costs Planning
• Health Care Decisions

Whatley Lane and can provide clear and economic advice on the best methods of ensuring proper management of assets health and personal care during difficult times.  This includes:

• Preserving assets from  long term care costs
• Estate planning, including wills, trusts and lifetime giving
• Powers of Attorney, Lasting Powers of Attorney and Advance Directives
• Mental Health Act legislation and capacity issues
• Health Care (directing what treatment you want to receive if you are unable to give instructions to your doctors)
• Court of Protection issues and applications

PRESERVING ASSETS FROM LONG TERM CARE COSTS
Many people are concerned about the impact of care costs and want to protect their assets. There are no simple solutions and without proper planning unexpected problems can arise. Whatley Lane can help you to make the right

WILLS and PROBATE
A properly prepared will guarantees that your money and property pass, on your death, to those whom you wish to benefit.
Making a Will enables you to:

• appoint responsible Executors to administer your estate
• appoint Guardians to look after infant children
• make provision for beneficiaries with special needs
• leave gifts to individuals or charities as you wish
• plan your affairs to save Inheritance Tax

If you die without a Will the State decides what happens to your property and your spouse may not be adequately provided for, because other surviving relatives may be entitled to a share.  If you live with a partner but are not married to them, the survivor is likely to receive nothing from their estate.
Whatley Lane can draft a Will to ensure that your wishes are followed and that minimizes the impact of Inheritance Tax so that your loved ones are properly protected.

LIFETIME GIFTS
There is no limitation of what you can give away during your lifetime, but great care should be taken to ensure that unexpected tax consequences do not arise. We recommend that BEFORE any gifts are made you consult Whatley Lane who will be able to advise you how to achieve your wishes without creating problems for yourself or your loved ones.

POWERS OF ATTORNEY
A power of attorney can be an invaluable when people become incapacitated and unable to deal with their own affairs. Since October 2007 the procedure has become more complicated, but at the same time the Law has been changed to enable people to make advance arrangements to deal with both financial and personal care hopefully in the unlikely event that serious illness or incapacity strikes. Whatley Lane can help you decide what steps are appropriate for you to take.

MENTAL CAPACITY ACT 2007
This statute substantially altered the law both with regard to what individuals can do to control their affairs if incapacity strikes and also with regard to the powers of the Local Authority in such circumstances. Whatley Lane can help you to decide what to do to protect yourself and your loved ones.

HEALTH CARE
Advances in medical care mean that sometimes difficult decisions have to be made about continuing treatment. The Mental Capacity Act 2007 has put in place procedures that will enable people to exercise control over medical care even if they are unconscious or otherwise lacking in capacity. Whatley Lane can assist you to put in place the necessary documentation to deal with this.

COURT OF PROTECTION (NOW OFFICE OF THE PUBLIC GUARDIAN)
If someone becomes incapable of managing their own affairs because of mental incapacity and no arrangements have been made in advance (Enduring Power of Attorney or Lasting Power of Attorney) an application must be made to the Office of the Public Guardian (OPG) for the appointment of a “Deputy” who deals with matters subject to the regulation and supervision of the OPG.

If there is an Enduring Power of Attorney, it will need to be registered with the Office of the Public Guardian if the donor loses mental capacity.

Alan can assist with the applications and procedures

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