Enduring Power of Attorney

Enduring Power of Attorney

Did you know that you can still address your Personal Welfare Matters even if you have an old style Enduring Power of Attorney?

Many of our clients hold an Enduring Power of Attorney taken out before the system was changed in 2007. Any Enduring Power of Attorney entered into before the1st October 2007 deadline are still effective. However, they are only valid for use in property and financial matters.

Post 1st October 2007 it became possible to take out both a Financial Power of Attorney and a Health and Welfare Power of Attorney, meaning that Attorneys can be appointed to manage all of a persons’ affairs – if it became necessary.

What many people don’t realise is that it is possible to take out a Health and Welfare Power of Attorney to sit alongside your existing Enduring Power of Attorney.

The Health and Welfare Power of Attorney must be registered before it can be used but will not come into being until such time as the Donor is deemed to have completely lost their mental capacity. The appointed attorney can then make decisions relating to where the donor lives, the medical treatment received and will be involved in discussions relating to medication issued if necessary. The Health and Welfare Power of Attorney can also be used to allow an Attorney to consent to or refuse life sustaining treatment – which is any treatment that a Doctor considers necessary to keep the person alive.

Of course both new styles of Power of Attorney can also be taken out together – Property and Financial Matters and Health and Welfare but it is also important to realise that you can also enter into a Health and Welfare Power of Attorney if you have an old style Enduring Power of Attorney.

If you have any further queries please contact a member of the Private Client Team here at GoodyBurrett and we will be happy to assist you.

For more information on Lasting Powers of Attorney

Contact GoodyBurrett on 01206 577676 or email [email protected]

Meet Helen, Solicitor in our Wales office

Meet Helen, Solicitor in our Wales office

Helen Firth – A bit about me blog

I always knew I wanted to be a Solicitor and when I qualified into Private Client Law, I was delighted. I love all aspects of my job especially engaging with elderly clients. I have been known to have a little dance to Jingle Bells at Christmas time in the local care home corridors with some of my clients that I look after. I think for me, whenever I am looking after a client, I always think ‘how would I want my parents to be treated’ and I always make sure my clients receive the best possible service, sometimes at what can be a very difficult time in their lives.

I joined GoodyBurrett in 2017 and when I moved to Wales in August 2019 for my husbands’ job, I remained employed by GoodyBurrett. I love being able to get out into the local community and I am thoroughly enjoying meeting new clients in Wales. The scenery is fantastic and driving out to visit clients is brilliant for the views alone.

I am a fully qualified Solicitor specialising in Will drafting and drafting Lasting Powers of Attorney. I also deal with Mental Capacity and Court of Protection Applications. In the past I have acted for clients in the High Court in relation to Mental Capacity and Best Interests proceedings.

Gone are the days of the Private Client Solicitor being thought of as serious, morbid and mundane.  I pride myself on being approachable and welcoming in order to make my clients feel at ease and confident to talk to me about their needs. My aim is to make the process feel simple for my clients so that it eliminates any anxious feelings they may have about the process.  At the end of each matter I deal with, whether I am instructed to deal with the creation of Wills, creating Lasting Powers of Attorney, or a Court application in relation to capacity, I want my clients to feel happy and confident that they have received the most professional service possible.  

When I am not in work, you will find me at the stables with my horse. I love being outdoors and living in Wales certainly allows for this. There are some amazing places to visit here. One of my first outdoor activities upon arriving in Wales was walking to the top of the Pen y Fan. I say walk, it was more of a crawl!

If you would like to chat about any legal needs you have, please feel free to get in touch with me. You can email me at [email protected] or call me directly on 07873338964.

 

Helen offers appointments from the comfort of your home, evenings and weekends available

Contact Helen by emailing [email protected] or call Helen direct on 07873338964

Planning and Environment blog

Planning and Environment blog

Planning and Environment Blog

Negotiating the planning system can be a complex business whether you are a landowner, developer, individual, parish / community group or professional planner / architect / developers’ agent. Our new Planning and Environment legal service can work with you to provide any legal advice, agreement drafting and representation that you may need across a wide range of issues.

Jane joined Goody Burrett In September 2019 to establish and develop our new Planning and Environment Department. She is a qualified Barrister with specialist experience in Planning, Highways and related Environmental Law gained in Suffolk, Essex and the City of London working for Local Authorities and private clients. Jane will be working closely with Goody Burrett’s Commercial, Agricultural and Property Litigation Department Solicitors to provide a holistic legal service for clients in this field. She can provide advice, drafting and representation across a wide range of areas and levels of complexity throughout the complete life cycle of a development project or on individual aspects and standalone issues. Jane is also a qualified Commercial Mediator.

Some examples of matters we can assist with are as follows:

  • Land Options Agreements.
  • Sale and Purchase of Development Land.
  • Local Plan Representations.
  • Pre application consultation and any legal issues that may arise pre submission of the application e.g. National, Local, Neighbourhood Policy interpretation issues, local Site Allocation issues.
  • Accompanying you at Planning and Council Meetings and Committees.
  • Environmental Impact Assessment.
  • Permitted Development.
  • Certificates of Lawfulness
  • Planning Performance Agreements.
  • Planning Obligations/ Section 106 Agreements, to include variations to agreements and discharge of obligations matters.
  • Community Infrastructure Levy (CIL) Regulations.
  • Highways Works Agreements, Section 38, s278 and s256 Agreements and general Highways Law.
  • Agreements with Statutory providers for example, gas, electric and telecommunications.
  • General environmental, highways and heritage issues sometimes involved with development for example:

Flooding and Drainage

Trees and Hedgerows

Areas of special environmental protection (e.g. SSSI, AONB, special wildlife designated sites).

Open spaces, Common Land and Village Greens, Agricultural Land.

Public Rights of Way.

Listed Buildings

Conservation areas.

  • Advice on Neighbourhood Plan issues.
  • Registration of Assets of Community Value.
  • Objections to Planning Applications.
  • Early advice on: Enforcement, Planning Appeals, High Court Proceedings, Planning Injunctions, Rights to Light.
  • We place a strong focus on resolving any potential disputes and litigation by good communication and negotiation on your behalf and work with Counsel in Chambers if the matter is not resolvable in the early pre-litigation stages.

If you would like advice or any further information on any of the above, Jane would be happy to help.    

For more many of the above matters

Contact Jane Reynolds at GoodyBurrett’s Colchester office on 01206 577676 or email [email protected]

Change of name Deed

Change of name Deed

Out with the old…………

Many people regard the ending of their marriage as a moment to take stock of their lives.  The date of the decree absolute – the final decree of divorce, is often marked with parties, new resolutions & garage sales of all those now-unwanted, once-loved items of personal memorabilia.    One of the things first on the chucking-out list is the ex-spouse’s surname!

A woman may wish to revert to her maiden name,  or take on a new persona and change it to something completely different.   She may also wish to change her children’s names.

How do you do it?

If you are reserving a table in a restaurant or introducing yourself to a new friend, you could call yourself anything you wanted.  However, certain organisations, such as banks and the Passport Office  require greater formality:  written proof of the change of name, and for this you will usually need to have a ‘Change of Name Deed’ drawn up.  A solicitor can prepare a ‘Change of Name Deed’ and provide you with certified copies which you can use to notify those organisations of the name change.

Having changed their own surname, or having remarried, many mothers then wish to change the surname of their children.  However, changing children’s names after divorce is not so straightforward.  All those who have Parental Responsibility for the children must give their consent and this, of course, generally includes their father.  Without his consent, she will need to apply for a court order.   The rights go both ways: if a father believes the mother is permitting the children to be known by a new surname, he could apply for an order prohibiting her from allowing them to be known by any surname other than their surnames as registered on their birth certificates. 

Courts are reluctant to make orders allowing change children’s surnames as they consider that the children may gradually become isolated from their father if links such as his surname, are removed.  A compromise in a recent case was reached when the parents agreed for the child to have a double-barrelled surname – a bit like what happens for example, in many Hispanic countries, where everyone has two surnames – their father’s,  followed by their mother’s.  So, Lionel Messi  is actually LionelMessi Cuccittini

If the mother does get the father’s consent to change the children’s surname, then she may still need a ‘Change of Name Deed’.  This is similar to a ‘Change of Name Deed’ for herself, only she signs the deed on behalf of the child. Again, certified copies of the signed deed will be used as proof of the child’s name change.

If in doubt seek legal advice, here at GoodyBurrett we can help!  For more information please contact our family team.  You can email [email protected] or call our office on 01206 577676.

For more information

Contact GoodyBurrett on 01206 577676 or email [email protected]

New build homes and electric car charging

New build homes and electric car charging

The Government has started a public consultation which is open until 7thOctober 2019

All new-build homes could soon be fitted with an electric car charge point, which would change building regulation approval requirements.

If all new homes with a dedicated car parking space are built with an electric charge point, it would make charging easier, cheaper and more convenient for drivers. You would simply plug your car in to charge overnight as you would a mobile phone.

The government has already taken steps to ensure that existing homes are electric vehicle ready by providing up to £500 off the costs of installing a charge point at home.

It is envisaged that the legislation wwould be a world first, and complements wider investment and measures the government has put in place to ensure the UKhas one of the best electric vehicle infrastructure networks in the world – as part of the £1.5 billion Road to Zero Strategy.

If you are buying a new home in the future and you are interested to know whether you will receive the benefit of an electronic charge point for your vehicle,  GoodyBurrett  can advise you whether this is included in the building regulation approval prior to exchange of contracts.

For more information on buying a new build home

Contact GoodyBurrett on 01206 577676 or email [email protected]