MENTAL CAPACITY

Betty 75 is carer for her daughter Wendy 50 who suffered mild traumatic brain injury in a motor vehicle accident several years ago.  Wendy phoned her solicitor Mark to advise Betty had just been diagnosed with the onset of dementia.  The current diagnosis is that the dementia is slow progressing.  Mark advised Wendy that it was extremely important that Betty put future planning documents into place whilst she still has capacity.  

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POWER OF ATTORNEY

Ryan is 70 and the sole carer of his only child Michael, 45, who has autism. Ryan and Michael are taking an overseas holiday to visit their extended family for several months. To assist financially, Ryan has decided to put his vacant block on the market hoping it will sell quickly. However, Ryan is due to leave in one month and the property has still not sold. Ryan realises it will be extremely difficult to arrange any potential sale from overseas and as his siblings are elderly, he does not want to burden them with the legal responsibilities involved in the transaction.

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WILLS 2

Bob, 60, had advised his family he had made a Will and that he had given the family home to his children from his first marriage. Bob had married his second wife Maureen 12 months previously. His daughter Rebecca, 35, who had epilepsy, was living with them. Although able to work, Rebecca was still largely dependent on Bob for accommodation, care and support.

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TESTAMENTARY TRUST

Sarah, 80, who cares for her son Wayne, 45, born with Down syndrome, was recently diagnosed with cancer. Sarah is quite financially stable but has been so busy in life she has not put into place plans for the future which would allow for her family to make decisions for her should she not be capable of making her own decisions.

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WILLS

Paul, 75, is getting remarried. He has four children from his first marriage who have grown up on the family farm and continue to visit regularly. His youngest daughter Jean, 47, who suffers from dyspraxia, still lives at home with him. Paul’s wife Christine passed away five years ago from cancer and the family are very happy that he has met Clare and is getting married. Clare has one son, Phillip, who has long term health issues relating to years of drug abuse.

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MEDICAL GUARDIANSHIP

Susan, 75, is carer for her son, Brian, 40, who has muscular dystrophy and learning disabilities. Susan was recently diagnosed with terminal cancer and is well aware that by the end of her illness she may not be capable of making her own decisions. She is also aware that Brian is not capable of making those decisions on her behalf.

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