Frequently Asked Questions About Managing Affairs

There are all kinds of reasons why you might feel you would benefit from some practical support with managing affairs. We’ve put together a comprehensive list of frequently asked questions to help you understand the kind of ways we might be able to help you.

If you have a question that isn’t answered here, please don’t hesitate to get in touch. Our experienced solicitors will be more than happy to help.

Who can use this service?

This service is primarily designed for elderly and vulnerable individuals and their families. However, we’re available to support anyone who feels they would benefit from our help in this way. Many of the elderly and vulnerable clients we support have chosen to work with us directly. In other cases, we have been appointed by family members who need extra support with their caring responsibilities.

How does this service work?

We can act in an official capacity if you have chosen to name Roche Legal as a professional attorney in a Lasting Power of Attorney document or if we have been appointed as a professional deputy in a Court of Protection order. We can also support you in a more unofficial capacity if you’re finding it difficult to manage your own affairs, or those of someone for whom you are an attorney or deputy.

What is managing affairs?

Managing affairs is when we help you or someone you care for, manage day-to-day finances or larger one-off financial decisions. This might be because the person needs some additional help themselves, or we are working with an Attorney or a Deputy who is responsible for making decisions for someone else and needs some reassurance or practical help to fulfil their role.

How does managing affairs work?

We can help as much or as little as necessary, every case is different. Sometimes, we might only be needed at a fairly low level, to keep finances ticking over and bills paid. In other cases, we might get involved in a more in-depth way such as liaising with accountants and financial advisors. This might be because there are large investment decisions to be made or someone has a one off important financial decision that needs to be considered, alongside professional advice.

I’m acting as an Attorney or Deputy for someone but I’m worried I’m doing it wrong. What can I do?

This is exactly the sort of situation where we can provide guidance and support. The role of an Attorney and Deputy can be wide-ranging and stressful at times because it comes with a lot of responsibility. We can help oversee your decisions and act as a sounding board. This provides peace of mind all round.

I don’t think my elderly loved one is coping with their everyday financial affairs, what can I do?

As we get older, it can become more difficult to keep on top of every day life admin. This is especially true nowadays with the introduction of new technology to manage everything from utility bills to bank accounts. We can work alongside you or even step in to help ensure your loved one’s affairs are kept in good order and that they don’t fall victim to scams.

My elderly relative needs some help, but I don’t want the responsibility myself, can you do it?

It can be daunting to take over responsibility for someone else’s affairs. We can provide a professional Attorney or Deputy service and take on the responsibility so you don’t have to.

Can action be taken against individuals who commit elder abuse?

Elder abuse is recognised as a crime and is therefore illegal. There are various ways to take action against someone who has committed elder abuse. How you go about this will depend on the type of abuse. Some types of financial abuse should be reported to the police, while others might be better suited to a legal claim. A solicitor who is experienced in these matters will be able to advise you on how to proceed.

Can elder abuse mean that a Will is invalid?

Some forms of elder abuse could mean that a Will is considered invalid. For example, this would be the case if there was evidence to suggest that family members or other individuals had pressured or deceived the elderly individual into making the Will.

Is it elder abuse if an attorney or deputy isn’t carrying out their role properly?

Acting as an attorney (named in an LPA) or a deputy (appointed by the Court of Protection) is a big responsibility. If an attorney or deputy is not carrying out their role properly, this can be considered elder abuse. In some situations, the problem may be that the attorney/deputy has misunderstood their responsibilities or has underestimated the work involved. In others, they may be deliberately misusing funds. If you have any concerns about an attorney or deputy and how they are carrying out their duties, you should contact the Office of the Public Guardian and/or a solicitor as soon as possible.

Is it legal to use an elderly person’s bank card on their behalf?

It is relatively common for close family members to help elderly individuals to manage their bank accounts. This might be because the elderly person is unfamiliar with technology or because they find it difficult to get to a bank or cash machine themselves. If the elderly person has given their express permission for this, this is perfectly legal. In these circumstances, they would usually need to give this permission formally through their bank.

However, it is not legal to use an elderly person’s bank card without their permission. It is also illegal to use an elderly person’s bank card on their behalf if they no longer have the mental capacity to make this decision, even if they gave you permission in the past. If your relative no longer has mental capacity, only their attorney (named in an LPA) or their deputy (appointed by the Court of Protection) will be able to manage their finances.

Managing Affairs Charges

For much of the work we undertake here at Roche Legal, we can offer a fixed fee. For non-fixed fee work, we charge based on our time spent on your matter in accordance with our hourly rates applicable at the time.

Our Charges

Get the legal advice you need

Dealing with legal issues can be confusing and stressful. We understand this, and we’re always on hand to untangle jargon and offer support.

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