Latest news with #UliaChoudhry
Leader Live
17-05-2025
- General
- Leader Live
Concerns over the future of adult autistic daughter
When my autistic daughter reaches 18 will I still be able to make decisions for her? Q: I am a single mum with an autistic daughter aged 17. She is physically able but is non-verbal and will never achieve the mental capacity of an adult. I have taken care of her on my own and fought for her rights all her life. I am now worried what will happen when she reaches 18. Will I still be able to have a say in what happens to her? And what will happen about her financial affairs and wellbeing if something happens to me? A: Once an autistic child in England and Wales turns 18 they become an adult and legally your parental responsibility ends, meaning you no longer have automatic rights to make decisions about their care, education or finances. Until it is formally established through assessments that as an adult your daughter lacks mental capacity to care for herself and make decisions, it will however be deemed that she can make her own decisions about all aspects of her life. Under the Mental Capacity Act 2005, mental capacity is 'decision specific', So your daughter would need to be assessed in respect of every aspect of her life where she requires help and support in decision-making. In her case it seems likely a Deputy would need to be appointed, which could be you. A Deputy is someone given authority by the Court of Protection to make decisions for a person who lacks capacity. It would ensure your daughter receives the continuing care and provision she needs. You can apply for a Deputyship Order for your daughter's Property and Financial Affairs and/or her Health & Personal Welfare. More than one Deputy can be appointed, to act jointly or severally. There are many issues you will need to consider when seeking to obtain a Deputyship Order, including Education, Medical Services, Income and Finances, Living Arrangements, Safety, Decision-Making and Vocational & Other Services. This may seem overwhelming, but a solicitor can help with all of it. • This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
Leader Live
10-05-2025
- Business
- Leader Live
Can I redirect inheritance due to me to someone else?
Can I redirect the inheritance that is due to me to someone else? Q: My mother has passed away. She was a wealthy woman and I am to inherit half of her estate. However, I already own a high value estate and I know that my own estate will be subject to inheritance tax when I die. Is there any way that I can redirect the inheritance due to me to my children instead, without my own tax position being impacted? A: Yes, you can redirect your entitlement to someone else by executing a formal "deed of variation". A deed of variation is a legal document that allows a beneficiary of a deceased's estate to vary the terms of a Will. Your deed of variation could vary your late mother's Will so that your children inherit half of her estate instead of you. The changes made in the deed of variation are 'read back' into the Will. This means for the purposes of inheritance and capital gains tax it will be as if the gift was made from your mother's estate and not yours. If you accepted the gift from your mother's estate and then made your own gift in your lifetime to your children, the gift would be considered a 'potentially exempt transfer'. This means that if you died within seven years of making the gift, it would be taken into account as part of your estate, which for you would be problematic as your estate is already above the inheritance tax thresholds. The overall effect being increased inheritance tax being paid from your estate. If you're trying to work out the best way to structure a deed of variation you should seek professional advice, as the last thing you want is for the variation to have unintended consequences for you or the other beneficiaries of the estate. You can enter into a variation before or after a Personal Representative obtains the 'Grant of Probate', but for tax reasons any changes must be made within two years of your mother's death. • This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
Leader Live
03-05-2025
- Health
- Leader Live
Legal dilemma - care fears in the event of Alzheimer's
Who will take care of me and organise my funeral if I get Alzheimer's? Q: I am getting old, have no contact with family and am having sleepless nights about what will happen to me if I get Alzheimer's. Who will look after me, organise my funeral, make sure I am legally sorted? I really don't know what to do. Can you advise me, please? A: With reports of more people developing Alzheimer's and dementia, you are not alone in your concerns. Firstly, you can create a Lasting Power of Attorney ('LPA') appointing someone to make decisions on your behalf should you lose capacity to make your own decisions. The person or persons you appoint are known as your attorney(s). As an alternative to family members, attorneys can be trusted friends or professionals such as solicitors. Attorney(s) must be aged 18 or over. There are two different types of LPA available, one for your health and welfare and one for your property and financial affairs. You can choose to make one type or both types. You can also include preferences and instructions for your attorney(s) in an LPA. This can, for example, include preferences about care and treatment you receive and might be most relevant when appointing professional attorneys who are not otherwise aware of your wishes. Once created, an LPA must be registered with the Office of the Public Guardian. You can prepare and register an LPA yourself, or you might prefer to instruct a solicitor to ensure it is done correctly. It would also be advisable for you to make or update your Will, wherein you can specify arrangements for your funeral and who will be responsible for dealing with your affairs after you pass away. You can appoint anyone as the executor(s) of your will, again, in your circumstances, perhaps a trusted friend or a professional. Finally, setting up a pre-paid funeral plan now would ensure that your desired funeral can be paid if that is a concern. • This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.
