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Elder Law in Bristol and across the United Kingdom generally refers to legal matters that specifically concern older adults, particularly those over the age of 60. These legal issues can range from health care and long-term care planning, estate planning, retirement and pension issues, prevention of elder abuse, and mitigating the risks of financial fraud. As such, elder law covers a broad area including but not limited to wills and probate matters, lasting powers of attorney, and care home fees planning.
Engaging an elder law lawyer can be beneficial in several circumstances. If you or a loved one is approaching old age and you have concerns about protecting assets and ensuring that decision-making processes are in place in relation to health and welfare, seeking legal advice would be beneficial. Elder law lawyers can provide guidance with estate planning, will preparation, setting up a lasting power of attorney, planning for future care costs, seeking identity protection and recovery. They can also help you deal with instances of elder abuse and exploitation.
Under UK law, decisions on social care for older adults are often made using an assessment process governed by the Care Act 2014. This determines the level of care an individual requires and how it will be provided. Elderly people in Bristol, and across the UK, are protected by the Equality Act 2010 that prohibits discrimination against people because of their age in the provision of services and public functions. Also noteworthy is the Mental Capacity Act 2005, which helps protect individuals who may lack the mental capacity to make decisions for themselves and places a legal responsibility on others to act in the person's best interest.
A Lasting Power of Attorney allows individuals to appoint someone they trust, known as an ‘attorney’, to make decisions on their behalf should they lose the capacity to do so. There are two types: Health and Welfare LPA, and Property and Financial Affairs LPA.
Estate planning involves the organisation and management of a person's estate in the event of their death or incapacitation. This typically involves writing a will, setting up trusts, tax planning, and setting up a lasting power of attorney.
An Elder law lawyer can provide advice on how to legally protect assets, manage income and capital, and implement advance planning for potential care home fees.
Yes, elder abuse is a crime under UK law. This can range from physical, sexual, psychological, or financial abuse, and the UK government has several mechanisms in place to deal with such crimes.
Proactive steps can be taken with the aid of an elder law lawyer, such as setting up a lasting power of attorney, keeping personal information secure, and regularly monitoring bank accounts and financial transactions.
Additional resources include Age UK, the country's largest charity dedicated to helping everyone make the most of later life. The Law Society also has a division specifically dealing with Mental Health and Disability that focuses on issues surrounding elder law.
If you or a loved one need legal assistance with Elder Law in Bristol, it is advisable to promptly seek out a solicitor who specialises in elder law. They can assist with navigating the complex and sometimes emotionally charged issues surrounding aging, providing both legal advice and empathy.
