Without a legally binding LPA in place, your loved ones may be unable to act on your behalf, even in urgent situations. That’s why planning ahead with a Health and Welfare LPA is essential for anyone who wants peace of mind and control over their future.

What is a Health and Welfare Lasting Power of Attorney?

A Health and Welfare LPA is a legal document that lets you appoint one or more people (known as attorneys) to make decisions about your personal health and care if you lose mental capacity in the future.

It covers decisions such as:

• Where you live and who cares for you
• What you eat and wear
• Your daily routine
• The medical treatment you receive
• Whether to continue or refuse life-sustaining treatment
• Your end-of-life care and organ donation wishes

By creating an LPA, you make sure that your preferences are known and legally recognised, and that someone you trust is empowered to speak up on your behalf.

1. Think about your future wishes and write them down

Take some quiet time to reflect on what you would want if you could no longer make decisions about your own care. Would you prefer to stay at home rather than move into a care facility? Do you have strong feelings about life-sustaining treatment or pain relief? Are there cultural, religious or personal preferences that should be respected?

Writing down your thoughts can help you understand what matters most and start to form a clear plan.

2. Have the conversation

Once you’ve thought about your wishes, it’s time to talk to those closest to you. Choose someone you trust such as a family member or close friend and let them know how you feel about your future care.

These conversations can be difficult, but they’re important. Talking now means your loved ones won’t be left guessing later. It also gives them the chance to ask questions and feel confident in their ability to support you.

Remember: it’s never too early to start the conversation, but it can be too late.

3. Speak to a specialist and get your wishes finalised in a legal document

While it’s possible to create an LPA yourself using online forms, mistakes or vague wording can cause serious problems down the line. A DIY LPA may not fully reflect your wishes, or it could be rejected altogether.

That’s why it’s best to speak to a specialist legal professional who understands the complexities of Health and Welfare LPAs. They’ll make sure your document is legally valid, accurately reflects your preferences, and considers all the right questions, even the ones you haven’t thought of.

Feeling ready to take the next step?

A Health and Welfare LPA helps give you the confidence that your wishes will be followed and that someone you trust will be there to make the right decisions on your behalf.

Please get in touch if you would like any further information or to make an appointment to put your LPA in place.

The post Why you should plan ahead with a Health and Welfare Lasting Power of Attorney appeared first on Alfred Newton.

The lender is offering 4.99% with a £999 fee on it’s two year fix and has also cut mortgage rates on its 3 year and 5 year products.

Rate cuts have also been seen from Royal Bank of Scotland, NatWest, HSBC and Virgin Money.

People moving home, first time buyers and people needing to re-mortgage all stand to benefit from these cuts.

It is hoped that other lenders will follow suit, which would lead to a much more competitive market over the next few months.

Whether you are a seasoned property developer or a first time buyer, if you require any assistance in relation to your property, our experienced solicitors at Alfred Newton are here to help.  We pride ourselves on providing a personal service and like to build long standing relationships with clients, often serving generations of the same family.

With five offices across Stockport & Cheshire, we are ideally positioned to serve Stockport, South Manchester and Cheshire, but also act on matters nationwide, including London.

For further assistance please contact us today on 0161 480 6551.

Janine Murphy, Solicitor

The post First two-year fix mortgage deal below 5% in 5 months appeared first on Alfred Newton.

The legal documentation provided by the Seller’s Solicitor needs to be considered and further information requested where appropriate.  Ordering your searches will be the next step in the process, to give you further information about the property you are hoping to buy.

There are four searches usually undertaken on every residential property purchase and the cost of these will be detailed on the quotation you receive from your Solicitor. All lenders will insist that searches are carried out or a “no search” indemnity insurance could be put in place. We would recommend that you have searches done so that you gain as much information about the property as possible before you part with your money. You will only be able to decide not to have searches if you are cash buyer.

The main searches are:

1. A Local Authority search. The Council will hold all sorts of information about properties in their area, so the main search will be done with the Local Authority. It will show the adoption of public highways, details of planning applications and any outstanding charges. The search is done on the property you are buying so if you want to check matters concerning neighbouring homes, you need to do a different search.

2. A water and drainage search is carried out to ensure the property has a water supply and is connected to the public sewers. It will also reveal if there are any sewers or private drains/ pipes running through the property that might affect alterations you wish to make or have been made, and who deals with the water supply and billing.

3. Coal Mining Search. It is important to know whether mining activity has caused any problems with ground stability and if there are any shafts within the locality. If there are, it might be necessary to have a Mine Shaft Entry Report carried out to check they have been dealt with appropriately.

4. Environmental and Flooding Search. If the land underneath your property is deemed as being contaminated (even from matters that happened a long time ago) then you, as the property owner would be responsible for the cost of the clean up. The environmental search provides you with a certificate, indicating a level of risk. It will be sent to you to consider with a surveyor, if necessary, and decide what steps need to be taken before you proceed with the purchase. Environmental searches will also advise of any potential flood risk, and whether the property could be affected by any other environmental factors, i.e. solar wind farms or fracking licences nearby.

Other common searches that may need to be carried out depend on the location of the property, but can include:

1. A commons land search, which gives you details of any local common land or village greens.
2. A Cheshire brine extraction or Cornish mining search, if you are buying in either of these areas.

Once your Solicitor has the results of the searches, a report detailing any action that needs to be taken based on the searches and making you aware of any issues will be sent to you. Your Solicitor will raise any additional enquiries with the Seller’s Solicitor to find out more information, should there be any issues in the search results.

At Alfred Newton Solicitors we can discuss your requirements regarding any aspect of your property transaction. We have 5 offices throughout Stockport, Cheshire and Tameside. Contact us on 0161 338 2135.

Amy Dickens, Solicitor

The post Property Searches; what are they? appeared first on Alfred Newton.

The new changes to the bill are set to include –

• A new digital registration process.
• Only donors will be able to apply for a Lasting Power of Attorney. Donors can sign the application digitally, on paper, or a combination of the two.
• Identity checks to help prevent fraud.
• A better process for objecting to the registration of a Lasting Power of Attorney.

According to the GOV.uk website “The digitalisation will speed up registration time by picking up errors earlier and allowing them to be fixed online rather than having to wait for documents to be posted back and forth between the applicant and the Office of the Public Guardian as currently happens.

An improved paper process will also be introduced for those unable to use the internet.”

You can currently make a Lasting Power of Attorney online, however, we would always recommend obtaining legal advice as errors with the forms can lead to lengthy delays.

If you are considering making a Lasting Power of Attorney, contact us at Alfred Newton Solicitors to make an appointment to answer any questions that you have and to discuss the process.

Joanna Skelly, Paralegal.

https://www.gov.uk/government/news/step-forward-to-online-lasting-power-of-attorneys

The post Power of Attorney Act 2023 – the digitisation of Lasting Power of Attorneys! appeared first on Alfred Newton.

The post Special Guardianship Orders appeared first on Alfred Newton.

How to get there

If you have a private family hearing- that being between private individuals about where a child should live or what time they are to spend with each parent, then your hearing may be at a local court. If you have a public law family case involving children’s services then your case will likely be in the local care centre which for Greater Manchester is the Civil Justice Centre in Manchester, 1 Bridge Street West, Manchester M60 9DJ. The building is mostly glass and is supposed to look like a filing cabinet with some drawers open!

The following link can be used to find any court in the country. It will give you a picture of the court building, directions and information about facilities.

https://www.gov.uk/find-court-tribunal

What time to attend

Your court order should include the court and time of the hearing. Most family courts require you to attend one hour before the hearing time to allow for pre-hearing discussions. This may include discussion to clarify the issues for the court to determine and negotiations to see if some areas can be agreed or narrowed. The pre- hearing discussions are important, and you should allow enough time to be there for them.

What to bring

Family cases are confidential and are identified by the case number which you will find on the right-hand side of any court order or application. Any announcements will call the court case number, not the name of the people involved, so it is a good idea to bring the court order or notice with you. If you make a note of the case number, it will assist court staff to help you find where you need to be.

There can be some waiting around, and not all courts have a café, so bring a bottle of water, snack and maybe a book with you to pass the time.

You cannot wear anything on your head in the court building unless it is for religious reasons. There are no other rules about what to wear, although I would advise you try to dress smartly if you can.

You cannot bring weapons, (that one I hope is obvious!) glass or liquids into the building other than non-alcoholic drinks or hand sanitiser.

Security

You will need to pass through security when you arrive. It is much like security at an airport. The staff will ask you to empty your pockets and check your bags. They will ask you to take a sip of any drink that you have. Everyday items that may be confiscated include scissors in vanity sets or on key rings, mirrors and perfume. Some courts will give you a raffle ticket to collect them as you leave but it is best not to take them with you.

There can be a queue at security so factor that into your journey time- I would allow 15 to 20 minutes to get through security.

Where to go once inside

Once through security you will need to book in with the court usher. The court usher will sign you in and tell you where to wait. They also help organise things like seating and papers for the court.

At the Manchester Civil Justice Centre there is a notice board with the court list on it to your right on the ground floor. There is also a reception desk opposite security on the ground floor where staff can help you locate which floor and court room you will be in. You will then need to book in with the court usher on the floor where your hearing will take place.

The courtroom

The Judge or magistrates will sit at the front facing you, slightly raised. Your legal representative if you have one will sit on the front row and you will sit behind them. The usher will let you know where to sit. There are NO wigs or gowns worn in the family court. It is a formal setting though and you will be asked to rise (stand up) when the Judge enters.

If your hearing is a preliminary hearing called a case management, dispute resolution or directions hearing its purpose will be to narrow the issues and to set a court timetable for statements, assessments or information gathering. Each person takes it in turn to speak. It is important not to interrupt, even if you do not agree with what is being said by the other person, you can let the Judge know you don’t agree when it is your turn. If your hearing is a final hearing, then you may give evidence. You will need to swear an oath, which can be done on a holy book or as an affirmation, both are a serious promises to tell the truth.

My Role

The above is a general guide to what to expect when you attend court. My role as solicitor advocate at Alfred Newton Solicitors is to represent you in the family court. This includes providing personal support and legal advice on law and procedure, the merits of your case including possible outcomes and to represent you in the hearing itself.

Karen Missenden

The post Court – What to expect appeared first on Alfred Newton.

There are two types of LPA – Property &  Financial Affairs and Health & Welfare.

Why set up a Lasting Power or Attorney?

If you lose capacity or you’re unable to manage your own affairs, somebody would need to do this on your behalf. They would not be able to act as your Attorney if you don’t have the capacity  to appoint them. Instead, they would need to apply to the Court of Protection for a Deputyship Order which is a long and expensive process. The Court of Protection will determine whether you are able to manage your own affairs and it will be out of your control as to who is appointed as your Deputy. In the meantime, there would be nobody to manage your affairs whilst the Deputyship application is ongoing.

By making a Lasting Power of Attorney, you will have peace of mind knowing that you are appointing somebody that you trust and that you know will act in your best interests.

Is a Lasting  Power of Attorney included in my Will?

No, a Lasting Power of Attorney gives the Attorneys the power to make decisions on your behalf  whilst you’re living. A Lasting Power  of Attorney ends upon death. A Will is a completely separate legal document that allows you to decide what happens with your assets, money and possessions after you have passed away.

I’m married, do I still need an LPA?

Yes! If you’re married, this does not automatically give your spouse the right to manage your finances or make decisions about your care. They would need to be appointed as your Attorney to make those decisions.

When should I make a Lasting Power of Attorney ?

Sooner rather than later! Anybody over 18 years old can appoint an Attorney as long as they have mental capacity. It is not just the elderly that need a Lasting Power of Attorney.

By the time you need an LPA (usually because of  lack of capacity to manage your own  affairs) it is too late to apply for one. In order to make an LPA, it has to be in advance of any issues.

If you are considering making a Lasting Power of Attorney contact us at Alfred Newton Solicitors to make an appointment to answer any questions that you have and to discuss the process.

Melissa Woolham, Solicitor

The post What is a Lasting Power of Attorney? appeared first on Alfred Newton.

Section 106 Agreements

Section 106 of the Town and Country Planning Act 1990 enables local planning authorities to enter into legal agreements with developers (S106 Agreements).  They are linked to planning permissions and impose planning obligations and are entered into to mitigate the impacts of development on local communities.

If a development is liable for s106, this will be decided during the consultation period after the planning application has been submitted.

Section 106 Agreements will vary depending on the nature of the development and based on the needs of the area.  The content of the s106 agreement is negotiated between the local authority and the developer.   Some of the most common obligations include provisions for affordable housing, open spaces, education facilities, transportation improvements and environmental enhancements.

Community Infrastructure Levy

The Community Infrastructure Levy (CIL) was introduced by the Planning Act 2008 and came into force under the 2010 Community Infrastructure Community Regulations.  It is a charge that local authorities can (but are not required to) set on new development in order to raise funds for infrastructure that the development will rely upon, such as schools and roads.

CIL only applies in areas where the local authority has a charging schedule in place which sets out CIL rates.  Once a CIL charging schedule is in place, CIL payments are mandatory, flat-rate and non-negotiable.

Most new development which creates additional net floor space of 100 square meters or more or creates a new dwelling is potentially liable for CIL.  Some developments may be eligible for relief including residential annexes and extensions, and houses and flats which are built by ‘self-builders’.

If a development is liable to pay CIL it should be included in the planning application.

A new infrastructure levy?

A new Infrastructure Levy (IL) was proposed under the Levelling Up and Regeneration Bill and is a reform to the existing developer contributions –of s106 planning obligations and CIL.  A technical consultation on the reform ran from 17^th March to 9^th June 2023.  The outcome to this public feedback is expected shortly and the Government has indicated that a further consultation on the drafting of regulations will be published in due course.

Whether you are a seasoned property developer or a first time buyer, if you require any assistance in relation to your property, our experienced solicitors at Alfred Newton are here to help.  We pride ourselves on providing a personal service and like to build long standing relationships with clients, often serving generations of the same family.

With five offices across Stockport & Cheshire, we are ideally positioned to serve Stockport, South Manchester and Cheshire, but also act on matters Nationwide, including London.

For further assistance please contact us today on 0161 480 6551.

Janine Murphy, Solicitor

Janine is a Solicitor, with over 10 years’ experience in conveyacning

The post Section 106 Agreements, Community Infrastructure Levy and Infrastructure Levy: explained appeared first on Alfred Newton.

To start at the beginning. Parental Responsibility or PR is defined as being all the rights, duties and responsibilities, that a person has in relation to a child and their property. In short it is the ability to make decisions for and about a child in respect of almost all aspects of their life. This includes such things as education, medical treatment, the name that the child is know by and so on.

The following people automatically have PR for a child:
• The child’s mother
• The child’s father if he is registered on the birth certificate
• A person who is married to or in a civil partnership with the child’s mother at the time that the child is born.

If a person does not have PR for the child, it is possible for it to be acquired. This may be achieved in several ways, including:
• Marrying or entering a civil partnership with the child’s mother
• Being registered on the child’s birth certificate following re-registration (often where there was an error at first registration)
• Entering into a parental responsibility agreement with the child’s mother. Such an agreement must comply with very strict rules and can include stepparent agreements if the mother and stepparent are married.
• Obtaining a court order such as a parental responsibility order or special guardianship order.

It is also important to think about what parental responsibility does not do. PR does not decide with whom a child should live or who a child such see or spend time with. Such matters are (if they cannot be agreed) dealt with by a child arrangements order.

It will be seen that it is possible and indeed normal for there to be more than one person with PR at a time. Often this is just the two parents, however, is possible in some circumstances for there to more than two people at a time to share PR.

In circumstances where there is more than one holder of PR, all people with PR must be consulted and agree to major decisions which effect the child. This excludes the minor day to day decisions but most definitely covers issues such as changing a child name, changing school giving consent to non-emergency medical treatment.

If there is a disagreement between the holders of PR as to what, if any steps are be taken, regarding the welfare of the child then any one with PR may make an application to court for an order to answer the question. Such an order is known as a specific issue order.

Sometimes it happens that one person with PR is acting or threating to use their PR in a way that the other holders of PR do not feel is in the best interests of the child. In these circumstances an application to the court can be made for a prohibited steps order. This is an order preventing an aspect of PR from being exercised such as changing a child’s school.

PR can be a very complex and muti layered issue and decisions made for a child can have a profound effect on their life. It is important therefore that when such situations arise timely expert advise from a specialist in the field is obtained. Here at Alfred Newton, we have a team of lawyers with decades of experience in all areas of child law. There’s not much we haven’t seen. We will always work with to you in a sensitive empathic way to deliver the best possible outcome.

Robert West

Robert is an experienced Solicitor with over 20 years experience in the law.

The post Parental Responsibility appeared first on Alfred Newton.

When you look to make changes to your property, you must consider whether consent is required first, within this article we hope to offer some guidance.

The Building Regulations Act 2010 is the legislation that covers construction and extension of buildings, which also incorporates alterations to the property.

Works requiring consent under the Building Regulations Act can include the following:

• Installation of a boiler
• Installation of Heating Systems.
• Alterations or additions to the Electrics.
• Installation of windows including the frames.
• Installation of external doors with 50% or more glazing.
• Cavity wall insulation.
• Loft Conversions.
• Installation of a new bathroom or installing additional plumbing.
• Removing internal walls or creating an opening.
• Installing or removing a fireplace.

Building Regulations differs from Planning permission and in some instances, you may need consent for both.

You can review the following website https://interactive.planningportal.co.uk/  which is a good interactive tool to determine if consent is required. Alternatively, you can contact Building Control direct and they will be able to confirm if consent is required.

Do I need to make an application to building Control?

If you instruct a contractor who is part of the Competent Persons Scheme, they will be able to provide you with a completion certificate for the works e.g. Fensa certificate for windows and doors. If the contractor is not part of the Competent Persons Scheme then you will need to apply to Building control prior to works being undertaken and upon works being completed.

Failure to obtain consent:

If you undertake works and you fail to obtain consent or obtain a completion certificate You may face enforcement action from the Local Authority for failing to comply with Building Regulations.

It can also cause problems when you come to sell the property. You may be asked to obtain retrospective consent and completion certificates. You will need to bear in mind that if the works do not conform to Building Regulations you will need to rectify any issues, which can cause a further expense. In some instances, a legal indemnity policy can be obtained to cover the lack of consent or lack of a completion certificate.

If you require any further assistance on this issue, please do not hesitate to contact me or one of my colleagues who will be happy to help.

Lauren Hughes

Lauren is a Solicitor, who has been qualified for 10 years, and specialises in conveyancing.

The post Building Regulations – When do I need them? appeared first on Alfred Newton.