Lasting Powers of Attorney

Shirah Real comments on LPA's

A Lasting Power of Attorney (LPA) is a legal document that allows you to choose someone now (an Attorney) that you trust to make decisions on your behalf about your property and financial affairs or health and welfare at a time in the future when you no longer wish to make those decisions or perhaps lack the mental capacity to do so yourself.

An LPA is a very powerful document, so when choosing your Attorney or Attorneys you need to be completely confident that you have picked the right person to carry out the tasks involved. Bear in mind that if you do not have the mental capacity, you may not be able to monitor what they are doing on your behalf but if you have any doubts in this respect you can always appoint a legal professional to be your Attorney if you so wish.

It is important to remember that an LPA can only be used after it is registered with the Office of the Public Guardian and, on occasions, this may take some time.

Anyone aged 18 or over, providing they have the mental capacity to do so, can make an LPA appointing one or more Attorneys to make decisions on their behalf. Unlike the old Enduring Power of Attorney you cannot make an LPA jointly with another person; each person must make his or her own LPA.

An LPA is a very important document and you may want to seek advice before making a final decision in regard to preparing one and appointing Attorneys. Although there is always a choice as to whether to seek independent legal advice or not this is a document that provides wide and powerful rights and we would suggest this should not be taken lightly.

Government figures show that only 135,000 people registered a Lasting Power of Attorney in the last two years in England and Wales and, as recently demonstrated by an item on BBC 1’s One Show recently, not having a Lasting Power of Attorney can not only be a very expensive exercise but also a terrible emotional burden for your loved ones.

Haiti Disaster Donation

For the past few years Brooks & Partners have sent Christmas and new year greetings via e-mail and have therefore been able to chose a charity to support through a donation. This year, with the dreadful news from Haiti it was decided to not only make a donation of the money not spent on Christmas cards, postage etc, but to add additional funds and to make the donation through Save the Children Fund. Head of Brooks & Partners in Frimley, Surrey, Michael Brooks now has four children and seven grandchildren and therefore a children’s charity was an obvious choice.

Many firms and individuals have suffered as a result of global recession but none have suffered as much as the children of Haiti. The thoughts of all the staff at Brooks & Partners are with them.

Is Bankruptcy an Option?

With experts predicting a rise in bankruptcies during 2010 we take a look at whether this is an option worth considering.

Recent research by the Samaritans showed that almost half the population were concerned about money or debt throughout 2009. With personal debt now standing at a staggering £1.456bn the news really comes with little surprise.

Experts firmly believe that the next 18 months will see a steady increase in the number of personal and business bankruptcies, so is it really an option worth considering? Certainly the stigma that was attached to bankruptcy for many years appears to be lifting. Bankruptcy today has become a logical, legal and beneficial tool for many people to use to remedy a difficult and problematic bad debt situation. That said, it is not the easy option as there can be some major drawbacks. If you find yourself in dire financial straits however, then maybe bankruptcy is worth considering.

Certainly the need for proper advice is important if you are considering bankruptcy as there may be alternatives open to you. Brooks & Partners are able to advise and assist in these respects and work with a prominent debt management company whose consultants are available to discuss bankruptcy and other options with you. If this is relevant to you and/or you wish to obtain further information please contact Vickie Lennard or Michael Brooks on 01276 681219 or by e-mail: vickie.lennard@brooks-partners.co.uk or michael@brooks-partners.co.uk

Not Enough Properties for Sale!

According to the Royal Institution of Chartered Surveyors there are not enough properties on the market for sale! Although it is different in some areas of the country, prices have been best so far in the South of England and the Survey shows that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the South-East of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s?

For advice on residential property matters contact Simon Brooks.

Workers Can Defer Sick Leave If Ill on Holiday

In a judgement that will be of concern to many employers, the European Court of Justice has decided that those employees who become ill whilst taking their holiday entitlement under the Working Time Directive will be entitled to instead treat that holiday entitlement as sick leave and defer such holiday entitlement to a later date.

The ruling technically only applies to employees in the public sector at present although private sector employees will benefit in the same way if the UK Working Time Regulations are amended to comply with this latest European ruling as anticipated.

We can only watch and wait but the implications for employers could be serious.

‘Brooks’ Success for Cancer Research!

The three members of staff taking part in the 10k on Sunday 25th October managed to complete it in good times with Kate achieving her best ever time for this distance. Although all share the surname Brooks, only Kate and Simon are related to Principal Michael Brooks! The event organisers must have been left wondering at the size of the Brooks family when Michael’s other son Dominic and his wife Susy also took part in the event.

Both Kate and Robyn returned to work on Monday morning very happy and satisfied even if they were a little stiff and suffering from the odd blister! Simon took the day off believing that a rest day might be needed – needless to say he was back the following day and happy with his efforts.

All of the “Brooks” runners would like to thank Michael Brooks for his generous donation to each of them as well as their other sponsors who have made a considerable contribution to Cancer Research UK.

Kate has now raised the bar and is looking to run a half marathon next year, we are waiting to hear if Simon and Robyn will follow suit!

Commando Challenge - or just wet, cold and muddy!

A previous BLOG on this subject told of Vickie Lennard, our Office Manager, raising funds for Devon Air Ambulance and The Royal British Legion by undertaking the Commando Challenge with a team made up of Mum’s and Girlfriends of Royal Marine Recruits.

From the pictures shown you can see that it was not a soft option and Vickie and her team completed the 3 mile course (with three tunnels, two rivers a sheep dip and bog) in just over an hour. Vickie would like to thank Michael Brooks for a very generous donation and all those who sponsored her and the team – the final count is over £700.00 which is a sterling effort!

Having seen the photographs a colleague has suggested that next year we make up a team from Brooks & Partners, now that will be a whole new challenge!

Suddenly there are not enough properties for sale!

Suddenly there are not enough properties on the market, according to the Royal Institution of Chartered Surveyors, although it is different in certain areas of the country. Prices have been best so far in the south of England and the Survey showed that quality properties were now receiving competitive bids.

It is the first time since May 2007 that surveyors have reported property price increases rather than price falls and, predictably, London and the south-east of England are showing the largest increase although the Poll still shows price falls in Wales, as well as Yorkshire and Humberside.

Although enquiries from new buyers increased in September compared with August the level of new instructions from sellers decreased. Despite the problems first-time buyers continue to encounter in securing finance, the level of enquiries from potential purchasers is gradually rising. This imbalance between demand and supply may mean that house prices will increase rapidly in the short term which may not necessarily be good for the markets or the economy.

This latest Report supports a widespread opinion in the industry that house prices have been creeping up since the spring because relatively few people have been putting properties on the market.

· Halifax says house prices have risen by nearly 6% since April, adding £9,000 to the average price.
· Nationwide says prices have now risen for five months in a row, and are back to where they were a year ago.
· Sales show a modest improvement and are up on the same period last year.

So, the question is, have we yet turned the corner on the deepest recession since the 1930’s? Let’s hope so.

If you have any questions on the above please call 01276 681217 and ask for Simon Brooks.

Commando Challenge - or just wet, cold and muddy!

The firm’s office manager, Vickie Lennard, will be risking life and limb during October to take part in the Commando Challenge held in Lympstone, Devon in Aid of Devon Air Ambulance and the Royal British Legion.

Vickie’s son Alex worked with Brooks & Partners for 18 months whilst improving his fitness and attending college to enable him to apply for the Royal Marine Commando’s and he is currently training in Lympstone. This prompted Vickie to work on her fitness and to join up with another recruit mum and two recruit girlfriends to take part in the Challenge.

Vickie explained that she and the other members of the team felt it was right to try and help institutions that are always called upon to help both recruits and the forces in general, “It’s good to be able to put a little thank you back in!”.

Vickie has said that she is very grateful for the support she has received from work colleagues and the firm and will make sure photograph’s are taken of the Challenge itself which takes place over the actual endurance course undertaken by the Royal Marine Recruits, mud, water, stones and all – of course she is looking forward to it!

If you would like to make a donation to Vickie’s sponsorship please visit:
http://www.justgiving.com/Vickie-Slightly-Panicing

10k for Cancer Research UK

Three members of staff are taking part in the 10k run for Cancer Research UK this coming October and hope to raise in excess of £500.00.

From left to right pictured above are Kate, Simon and Robyn who are all keen to keep fit (although Kate admits that running has not been top of her agenda through the summer) and all three are now working hard to ensure they are fit for the challenge.

Brooks & Partners have had a long relationship with Cancer Research UK and take an active part in the Free Will scheme that they offer. They are an important institution leading the way in research and have saved countless lives in early detection and improved treatments.
If you are able to spare a little please do sponsor one or all of them!

http://www.run10ksponsorme.org/kateb
http://www.run10ksponsorme.org/robynbrooks
http://www.run10ksponsorme.org/simonbrooks3

We wish them all good luck and good weather!