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Later-life lawyers

Legal decisions, in place in good timeRegulated by the Solicitors Regulation Authority

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Overview

A solicitor who specialises in later life helps families put the right legal arrangements in place, ideally while the person can still make their own decisions. It is one of the most useful things a family can do early, and one of the hardest to put right late.

  • The right people can act

    Chosen attorneys can make decisions if the person no longer can.

  • Done before it is urgent

    Arrangements made early avoid the cost and delay of court.

  • Regulated and insured

    Solicitors are regulated by the SRA, with a formal complaints route.

Who checks them

Solicitors Regulation Authority (SRA)

Solicitors are regulated by the SRA and must carry insurance. Will writers who are not solicitors are not regulated by the SRA.

Check a solicitor on the SRA register (opens in a new tab)

When it may be time

  • There is no lasting power of attorney in place
  • A diagnosis such as dementia has just been given
  • A move into a care home is being considered
  • The will is old, or there is no will
  • Family members disagree about what should happen
  • Someone has lost capacity and nobody can manage their money

Types of later-life lawyers

  • LPA for property and financial affairs

    Lets chosen people manage money, bills and property. It can be used, with permission, while the person still has capacity.

  • LPA for health and welfare

    Lets chosen people make decisions about care, treatment and where someone lives, only once they cannot decide for themselves.

  • Wills

    Making or updating a will, including when circumstances or care costs change.

  • Deputyship

    If someone has lost capacity without an LPA, the Court of Protection can appoint a deputy. Slower and more costly than an LPA.

  • Advance decisions

    A legally binding decision to refuse specific treatment in future, and a written statement of wishes.

  • Care fees and gifts

    How care will be paid for, and the rules on giving money or property away, so families avoid costly mistakes.

Local later-life solicitors

Each is labelled so you know how we know it. The founders’ company is shown first, then places our team has checked.

See all 9 later-life solicitors near you

Paying for it

  • Many solicitors offer fixed fees for and wills. Ask for the price in writing before you start.
  • Each LPA must be registered with the Office of the Public Guardian, which charges a fee. Reduced fees or exemptions are available on a low income.
  • You can make an LPA yourself on GOV.UK. A solicitor is worth it when things are complicated: family disagreement, a business, property abroad or doubts about capacity.

Rules and figures are for England and change from year to year. Your navigator can check what applies to you.

Questions to ask

  1. Are you a solicitor regulated by the SRA, and do you specialise in later-life law?
  2. Are you accredited by a body such as Solicitors for the Elderly?
  3. What is the fixed fee, and what does it include?
  4. Who will actually do the work?
  5. How do you check that the person has capacity and is not under pressure?
  6. Can you visit at home or in hospital?
See all 9 later-life solicitors near you

Things to watch out for

  • Schemes that promise to protect the house from care fees. Giving assets away to avoid fees can be treated as deliberate deprivation.
  • Unregulated will writers: check what insurance and complaints scheme they have
  • Waiting too long. Once someone has lost capacity, it is too late to make an LPA.
  1. Tell us what’s going onAnswer a few short questions. It takes about a minute, and nothing is shared until you choose.
  2. Get a free plan with local servicesWhat to do first, help you may be entitled to, and local services near you, each labelled so you know how we know it.
  3. A local navigator calls, if you needLeave your details and a navigator will call, usually within one working day, to help you act on the plan.

Common questions

Do we need a solicitor to make an LPA?

No. Many families make one themselves on GOV.UK. A solicitor helps when the situation is complicated or there is any doubt about capacity.

What if they have already lost capacity?

A family member can apply to the Court of Protection to become a deputy. It takes longer and costs more, and a specialist solicitor can guide you through it.

When is the right time?

As early as possible. An LPA can only be made while the person can still understand and make the decision.

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