Advice Archives - Welford Solicitors

Daily Habits to Boost Mental Health

Posted on May 18, 2022 by admin

Tags – Boost Mental Health

Mental health is just as important as physical health, but unfortunately, it is often overlooked.

Many people think that they don’t need to worry about their mental health until they start experiencing problems.

However, this isn’t the case.

Daily habits can play a huge role in maintaining your mental health, and in this blog post we will discuss some of the best ones!

The Importance of Good Mental Health

Mental health plays an important role in how you handle stress, relate to others and make key decisions – it encompasses how you think and feel and how well you cope with difficult situations.

When you don’t look after your mind, things can go out of control and cause issues in all areas of your life.

To put it simply, caring for your mental health can help to:

Improve mood
Reduce anxiety
Think clearly
Deepen connections and relationships
Improve self esteem and confidence

However the effects aren’t just mental either: it can help manage physical health conditions that are worsened by stress such as heart disease.

Hence why building habits for better mental health will make a huge difference to your life overall.

5 Daily Habits to Boost Your Mental Health

Here are 5 daily habits you can incorporate into your life to keep yourself as healthy as possible, and help fight against the pitfalls of everyday stress.

1. Get Plenty of Sleep

Sleep is just as important as eating, drinking and breathing, and even going a couple of nights with bad sleep will have an impact on your mood, memory and thinking abilities.

As obvious as it sounds, sleep is important because it gives your body the opportunity to rest and your mind to reset.

So make sure you have an established sleep routine and stick to it – this means going to bed at a set time, and no TV or mobile phones!

In fact, keep the screens out of the bedroom all together – the brain is great at making connections, so your brain needs to connect your bedroom with sleep.

2. Think Positive

When we’re feeling down, it may seem as if being positive is an impossible task, but there’s a lot of evidence that suggests that positive thinking can have a significant impact on your mood, making you feel more cheerful and therefore enhancing your mood even more!

It’s a wonderful, blissful cycle that we should all do everything possible to join in.

Start small.

Every morning, affirm to yourself out loud that today will be a good day.

And when something good happens, notice it!

We’re all great at remembering the bad and forgetting the good, so focus on the positive events in your life, even if they’re minor.

Take notice of people and things that make you smile, a particularly delectable sandwich, or even something as little as washing the dishes.

Pay attention to them and remind yourself that they exist.

3. Eat Well and Exercise

As cliche as it sounds: “healthy body, healthy mind” is completely true.

As biological machines, if we use the wrong type of fuel or allow our joints to rust then everything else will be affected.

Now we’re not saying enter a triathlon, or eat an only-green diet. But even getting outside in the fresh air for 10 minutes to start with and getting your body moving will have a huge impact – exercise helps to release the feel good hormones serotonin and dopamine.

In terms of diet, try to avoid junk food and cut down on sugar and eat foods that are full of vital nutrients that will increase your overall well being and reduce anxiety and stress.

4. Find a Connection With Others

Social interaction plays a big part in being human.

And forming connections with others, be it family or friends, can help you combat the stressors of daily life.

However, it can sometimes still feel difficult to be honest about your mental health; we don’t always know how people will react, and that can be worrying.

But being honest with yourself, putting yourself out there, and seeking assistance is a significant component of remaining mentally healthy.

In other words, the best thing you can do for yourself is to be honest and open, and this could be as small as calling a friend to talk – but if you don’t feel comfortable doing so – finding an anonymous support group online.

Regardless of the path you choose, getting in touch with other individuals and seeking advice, support, and direction can be a gratifying and fulfilling experience.

5. Practice Mindfulness and Gratitude

Mindfulness is a strategy that helps you to attempt and focus on how you’re feeling right now; it focuses on physical sensations as well as emotional responses.

There is a mountain of evidence that suggests that regularly practising mindfulness allows us to let go of negative events from the past and future worries, as well as focus on our current experience.

Consider the actual feelings, noises, scents, or tastes of your daily routine; pay attention to how they make you feel and how your body and mind react.

Don’t attempt to conceal or flee from your feelings – simply acknowledge and understand them, and then move on.

If it doesn’t work right away, don’t worry; mindfulness is a skill that needs practice and time to master, but if you persevere, it will benefit you greatly.

On the other hand, gratitude is all about remembering the things you are thankful for in your life and helps you get in a positive mindset when you are feeling low.

That said, make some time each day to think about all the positives in your life (you could even write these down to refer back to).

Wrapping Up

By practising these daily habits, you’ll be on the right path to boost your mental health and reduce some of the stress that bogs you down every day.

But whilst these tips above can improve mental well being, they can’t “cure” any conditions, so if you are struggling, seek help – working with a therapist can be a powerful way to improve your mental health.

Finally, when it comes to adopting new habits, it’s more helpful to start with just one or two at a time to avoid feeling overwhelmed.

Want to know more? Please get in touch today.

In the meantime, take a look at our Court of Protection solicitors.

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Planning Ahead for End of Life

Posted on May 11, 2022 by admin

Tags – Planning Ahead for End of Life

It’s not a topic that many of us like to think about, but planning ahead for end of life is an important step that everyone should take.

By preparing for the end of our lives, we can make sure that our loved ones are taken care of and that our final wishes are carried out.

In this guide, we will talk through how you can speak with your friends and family, how to plan for future care and practical considerations to take into account.

All in all, it’s important to do what’s right for you, when it feels right, but being well informed can help you feel more in control.

Talking to Friends and Family

It is essential to communicate your wishes and preferences with family and friends as you approach the end of your life.

This can be a tough situation, but the following ideas may be helpful:

Let your family know ahead of time what you want to talk about so they aren’t caught off guard
Choose a time and location where you won’t be disturbed or hurried
Don’t worry about trying to cover everything all at once
To guarantee that you cover everything you want to talk about, write notes ahead of time about what you wish to discuss
If any of you become emotional, don’t be embarrassed. Be forthcoming and honestly discuss all of your emotions, not simply the positive ones

Family and friends may be hesitant to talk about this subject, perhaps because they don’t want to dwell on your death or that they are afraid of making the wrong comments. It may be beneficial for family and loved ones to inform them that it will help you to talk.

Keep in mind that there’s no right or wrong way to begin these conversations.

Choose the individuals you want to speak with, and only provide as much information as you feel comfortable with. And if you don’t want to talk about it, that’s fine too.

Talking to Your Doctor

If you have been diagnosed with a life-limiting illness, talk to your doctor about any questions, worries or fears you and your family and friends may have.

The doctor should describe your problem and treatment choices in a way that you can understand and respond to any inquiries you have.

You may choose how much or little information you receive – keep in mind that it’s OK if you don’t want all of it at once. It can be useful to discuss the following topics:

What to expect as your illness progresses
The pros and cons of your treatment
Any treatments you don’t want
Your life expectancy
Where you would like to die
The different methods of pain relief available
The practical and emotional support available
The physical and emotional changes you might experience

It’s difficult to comprehend everything at once, so ask your doctor to repeat anything you don’t understand.

If your doctor permits, you may find it beneficial to take notes or record the conversation.

Alternatively, you could bring a family member or close friend to appointments with you to help you remember the information and offer emotional support.

Depending on your situation, you may be able to contact a helpline staffed by professional nurses and advisors who can offer you practical suggestions and emotional support.

For example:

Macmillan Cancer Support
The British Lung Foundation for people with COPD
Alzheimer’s Society and Dementia UK for those affected by dementia

Planning for Future Care

Advance care planning is a type of end-of-life preparation.

It entails anticipating how you want to be cared for if you are unable to make decisions for yourself in the future.

Advance care planning consists of:

Having conversations with your family and medical team about your condition and how you would like to be cared for as it progresses
Making an advance statement of wishes that tells those involved in your care how you would like to be cared for
Making an advance decision to refuse treatment in specific circumstances, which is legally binding and must be followed by all those involved in your care
Creating a Lasting Power of Attorney which gives someone you trust the legal authority to make decisions on your behalf if you were no longer able to do so

In certain regions, there are local registries that contain vital information regarding people’s dying wishes.

If your doctor or medical team knows of a local register in your area, they should inform you about it and inquire whether you wish to be added to it. The register may be accessed by approved personnel, including your doctor, an out-of-hours doctor, palliative care providers, and paramedics. It is intended to ensure that everyone involved in your care is aware of your preferences and desires.

Financial and Practical Considerations to Consider

It’s a good idea to store important papers in a secure location and inform your caregivers, family members, or the executor of your will where they are.

This might make things simpler for them down the road. This includes your:

Birth certificate
Passport
Driving licence
Bank account details
Pension plans
Insurance policies
Will

Online Accounts

If you have an internet bank account, your executors can request that it be shut down and the money paid out to them.

Don’t leave your passwords or PIN numbers on paper because if someone uses these they may be committing a crime.

And it’s also important to consider what will happen to your digital legacy after you die if you use the internet to pay bills, shop, or communicate with friends.

The Law Society recommends maintaining a current list of all your online accounts, along with clear instructions on what you want to happen to each account after you pass away.

For example, you may choose to deactivate certain social media accounts or would want friends or family to be able to access personal items like photographs that you have saved online.

Pets

If you have pets, you’ll want to think about what will happen if you can no longer care for them. You may know someone who is willing to assist but who cannot keep them permanently.

The Cinnamon Trust offers assistance to pet owners who want to keep their dogs at home as long as possible, such as by walking them or fostering a pet if you have a short stay in hospital.

They also have a Pet Friendly Care Home Register where you may look for care homes that welcome your pet.

When you die, the Cinnamon Trust can become responsible for lifetime care of your pet.

Dogs Trust, a charity that offers assistance to dogs and their owners in need, has a free Canine Card Scheme. If you join up with this program, Dogs Trust will transport your dog to one of its rehoming facilities where it will be cared for until it can be placed with a suitable new owner.

If you have cats, Cats Protection provides a free Cats Guardian service, through which they will care for your cat until it can be placed with a new owner.

Please get in touch today to find out more.

In the meantime, take a look at our Court of Protection solicitors here.

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How to Make Payments under a Lasting Power of Attorney

Posted on March 31, 2022 by admin

Tags – Making Payments under a Lasting Power of Attorney

When you’ve been appointed as someone’s Lasting Power of Attorney (LPA), there are two main sides.

On one hand, you have the authority to make very critical decisions on that person’s behalf – something which could be detrimental if they can’t do this themselves.

On the other hand, you have a wide range of responsibilities, where you’re expected to act in that person’s best interests and not to abuse your powers.

If you have been named as the power of attorney for a loved one, it is important that you know how to make payments and manage their affairs.

After all, your friend or family member who has granted the LPA has put all of their trust in you. This can be a lot of responsibility, but with the right information, it can be a breeze.

In this blog post, we will outline the basics of making payments and managing affairs under a lasting power of attorney.

Lasting Power of Attorney

An LPA differs from an ordinary power of attorney as:

you can make separate LPAs: one which looks after the health and care decisions and one to look after property and financial affairs
an LPA has to be registered before it can be used
an LPA allows you choose people to look after your affairs if you lose mental capacity

When to Make a LPA

Anyone can make an LPA if they ever suffer mental impairment, but this can only be made whilst you are still capable of making your own decisions.

If you have been diagnosed with, or believe you may develop, an illness that might prevent you from making decisions for yourself at some point in the future, you should also complete an LPA.

The following are examples of illnesses that might prevent you from making your own decisions:

Dementia
Mental health problems
Brain injury
Alcohol or drug misuse
The side-effects of medical treatment

Types of LPA

There’s two types of LPA:

Property and finance; and
Health and welfare

Property and Financial Affairs

A property and financial affairs LPA has the authority to make decisions about things like:

Buying or selling property
Bank, building society and other financial accounts
Welfare benefits or tax credits
Tax affairs
Debts
Making payments or gifts

Property and financial matters can be delegated, such as giving them power of attorney to manage all of your property and financial affairs or just certain things, such as operating a bank account, buying and selling real estate, or changing investments.

If you want to create an LPA that only deals with specific issues, make sure it’s drawn up.

Before you can make use of a property and financial affairs LPA, it must be filed with the court. You do not, however, have to wait until someone loses their mental capacity before using it.

As soon as a property and financial affairs LPA is registered, it becomes effective. This means that the attorney will be able to take action regarding your property and financial affairs immediately, even if you are still capable of making your own decisions. If you don’t want the attorney to have power over your affairs immediately, make sure the LPA allows it.

Making Payments or Gifts

In addition to selling Attorneys selling property, making payments or gifts is arguably one of the most common powers to abuse.

However, if you don’t fulfil your responsibilities, it might result in significant financial and legal ramifications.

Furthermore, a lack of understanding of these obligations is no defence – all attorneys are held accountable to the highest standards.

As such, it’s all the more vital to understand what is expected of you. It should be noted that the powers you have as an attorney depend on the type of LPA you’ve been granted; remember there are two kinds:

Property and finance; and
Health and welfare

In order to make payments or gifts on the donor’s behalf, you need to have been granted a property and finance LPA. If you have only been granted a health and welfare LPA, you do not have the authority to make any decisions regarding the donor’s money.

Sometimes, both types of LPA are granted, so check the terms under which you act to determine how much you can do.

Your Duties as an Attorney

As we mentioned earlier, an attorney must always act in the best interests of the donor.

Therefore, any payments or gifts made must be sincere and in their best interest.

By best interests, this doesn’t mean “self-interest”; there are more things to take into account than simply what would benefit the donor.

For instance, giving gifts to people who the donor may have been expected to support. The rules governing gift-giving are far more stringent than those that apply to paying for goods or services, i.e. gifts can be made on occasions like births, marriages, or birthdays etc., and only to those people who are closely connected with the donor. The amount should also be appropriate in terms of the circumstances of the gift and the donor’s financial position.

Please contact us today to find out more.

Check our Court of Protection Solicitors here in the meantime.

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10 Tips to Tame Your Anger: How to Keep Calm When Angry

Posted on March 24, 2022 by admin

Tags – How to Keep Calm When Angry

If you’ve ever felt like you’re about to lose it, then you know how important it is to learn how to tame your anger.

When left unchecked, anger can cause a lot of damage both physically and emotionally.

In this blog post, we will discuss 10 tips that will help you keep your cool when anger starts to take over.

Follow these tips and you’ll be able to stay in control during even the most stressful situations!

Tip 1: Understand What Causes Your Anger

The first step to keeping your anger in check is to understand what causes it.

Is it a certain person or situation that always seems to set you off?

Or do you find yourself getting angry over minor things?

Once you know what triggers your anger, you can start to work on managing it.

Tip 2: Don’t Bottle Up Your Feelings

If you’re someone who tends to bottle up your emotions, then it’s time to start letting them out.

When you hold in your anger, it only makes the situation worse.

Instead of keeping everything inside, find a healthy outlet for your feelings.

This could be anything from talking to a friend or family member about what’s bothering you, to going for a run when you’re feeling frustrated.

Tip 3: Practice Relaxation Techniques

When you start to feel your anger rising, it’s important to take some time to relax.

There are a number of different relaxation techniques that you can try, such as deep breathing or progressive muscle relaxation.

Taking even just a few minutes to calm yourself down can make a big difference in how you handle the situation.

Tip 4: Avoid Hot Button Issues

If there are certain topics that always seem to set you off, then it’s best to avoid them altogether. There’s no need to put yourself in a situation where you know you’re going to get angry.

If you can’t avoid the issue entirely, then try to approach it in a calm and rational way.

Tip 5: Think Before You Speak

When you’re feeling angry, it’s easy to say things that you’ll later regret.

Take a moment to collect your thoughts before speaking, and try to choose your words carefully. Once the anger has passed, you may realize that what you said wasn’t really how you felt after all.

Tip 6: Count to 10 (or 100)

This is a classic anger management technique for a reason – it works!

If you find yourself getting too worked up, take a deep breath and start counting.

By the time you reach 10 (or 100), you’ll likely have calmed down enough to think more clearly about the situation.

Tip 7: Use “I” Statements

When you’re communicating with someone who has anger issues, it’s important to use “I” statements.

For example, instead of saying “You always make me so angry,” try “I get frustrated when I feel like I’m not being heard.”

This will help the other person to understand how you’re feeling without making them defensive.

Tip 8: Avoid Physical Activity

When you’re angry, it’s best to avoid any physical activity. This is because your body is already in a state of arousal and you don’t want to do anything that could escalate the situation.

So instead of going for a run or lifting weights, try something that will help you to relax, such as yoga or meditation.

Tip 9: Don’t Rely on Alcohol or Drugs

It’s important to avoid using alcohol or drugs to cope with anger. This is because they can end up making the situation worse.

Not only will you be more likely to do something you’ll regret while under the influence, but you’ll also have to deal with the aftermath of your actions when you sober up.

Tip 10: Seek Professional Help

If you find that your anger is starting to cause problems in your life, then it may be time to seek professional help.

A therapist can teach you how to better deal with your anger and provide support during difficult times.

If you’re not ready to see a therapist, there are also many helpful books and articles on anger management.

The Bottom Line

By following these tips, you’ll be well on your way to taming your anger.

Just remember that it takes time and practice to learn how to control your anger.

Don’t get discouraged if you have a setback – just keep working at it and you’ll eventually see results.

Want to know more? Get in touch today.

Check our Court of Protection Solicitors here in the meantime.

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How to Choose Your Lasting Power of Attorney?

Posted on March 18, 2022 by admin

Tags – How to Choose Your Lasting Power of Attorney

When you are no longer able to make decisions for yourself, who will speak for you?

This is a question that many people do not want to think about, but it is important to have an answer ready.

When you lose mental capacity, a Lasting Power of Attorney (LPA) is a document that allows you to appoint someone else to make decisions on your behalf.

However, making the decision to appoint a LPA is not an easy one. It’s something that should only be done if you are absolutely sure that it’s the right thing for you and your loved ones.

And, if you are thinking about appointing an LPA, it’s important to understand the different types of LPAs and how they work.

In this blog, we will discuss the different types of LPAs and offer some tips for choosing the right one for you.

Types of LPAs

There are two types of lasting powers of attorney:

The type of LPA that you choose will depend on the decisions that you want your appointed representative to be able to make on your behalf.

For instance, if you appoint an LPA for health and welfare, they will be able to make decisions about things such as medical treatment and care.

On the other hand, if you appoint an LPA for property and financial affairs, they will be able to manage your finances and property.

Choosing a Lasting Power of Attorney

When choosing a LPA, it’s important to think about who you trust implicitly to make decisions on your behalf.

As such, this person should be someone who you know will act in your best interests, even if it is not what you would have wanted them to do; they need to be trusted to make wise decisions about your finances and property if you are unable to do so yourself.

So, it’s a good idea that the person you choose as your LPA understands the legal system, and is willing to take on the responsibility of managing your affairs for an extended period of time.

Moreover, when appointing a lasting power of attorney, it’s also important to consider what will happen if they become incapacitated or pass away before you do? If this happens, it could mean that there will not be anyone in place with the ability or willingness to manage your affairs.

Consequently, this could lead to issues with regards to paying bills and ensuring that other people are able to access your property or funds.

To summarise, here are 5 top tips:

Make sure you have the right number of attorneys
Check they are happy to be appointed and give them sufficient information on the decisions they may need to make
Choose those with appropriate skills; i.e. can they manage their own finances?
Ensure they understand your wishes
Choose those you trust

Final Thoughts

If you are considering appointing a lasting power of attorney, it is important to understand why they may be needed and how they work.

By choosing the right lasting power of attorney for you, you can ensure that your affairs will continue to be managed if something were to happen that prevented you from doing so yourself.

Get in touch today to find out more.

In the meantime, take a look at our Court of Protection Solicitors.

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5 Alarm Bells an Attorney is Abusing Their Position

Posted on March 16, 2022 by admin

Tags – Attorney Abusing Their Position

When it comes to our personal lives, we rely on attorneys to help us make the best decisions possible.

And, we trust them to give us sound legal advice, and to fight for our rights in court.

However, not all attorneys act in the best interests of their clients.

Unfortunately, some attorneys abuse their power and use their position for financial gain or personal gain.

Sadly, financial abuse of elderly and vulnerable people is becoming more common, and the abuser is often a family member who has been given Power of Attorney.

If you believe that your attorney is abusing their power, there are signs you can look for.

That said, here are 5 warning signs that an attorney’s powers are not being used with good intentions.

1. Not Keeping Finances Separate

It is a Power of Attorney’s duty to only use a donor’s money in a way that will benefit the donor.

And so, they must be able to clearly distinguish what money is their own and what belongs to the donor.

For this reason, attorneys must keep their money in a separate bank account so they can identify what is being used and where.

Consequently, if the donor’s money is mixed with the attorney’s money in a single bank account, there could be instances where the attorney uses the donor’s money for their own benefit.

2. Being Secretive

Alarm bells should ring if an attorney randomly changes any bank account details so that only they have access to it, especially when other attorneys previously had access.

Moreover, if an attorney is unable to explain withdrawals or payments, or refuses to give information about where the donor’s money was spent – again, this is very suspicious.

3. The Attorney Has Financial Difficulties

Vulnerable people are an easy target for people who need some extra cash, especially if they’re facing any financial difficulties.

In other words, people who have been given the position of Power of Attorney may feel tempted to use the donor’s money to clear up their own finances.

And this is a clear breach of an attorney’s duty; it’s worth noting here that anyone who has been declared bankrupt is not eligible to act as a Power of Attorney for property and finance.

4. Loan or Credit Applications

If loan or credit card applications are taken out in the donor’s name, it raises some concerns that the attorney is applying for these for their own personal gain.

And this is especially true if the donor did not take out any loans or credit before they lost mental capacity.

5. Excessive Gifts

Attorneys are allowed to make gifts to people who are connected to the donor, including themselves.

However, these gifts should only be for special occasions, such as birthdays or for Christmas, but the value of these gifts should be in line with what the donor spent when they had capacity.

For instance, if the donor typically gave gifts of around £30, and the attorney is making gifts of £1000, this provides enough evidence of financial abuse.

Wrapping Up

If you suspect an attorney is abusing their position of power, and that a donor’s affairs are being mismanaged, it’s important to carefully note down facts and dates so that the authorities can investigate this.

And, it’s also advisable to act as soon as you become suspicious as any delay could prolong the abuse the donor is being subjected to.

Want to know more? Please contact us today.

In the meantime, take a look at our Court of Protection Solicitors.

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8 Easy Ways To Practice Self-Care for Your Mental Health

Posted on February 8, 2022 by admin

Tags – Self-Care for Mental Health

With work, friends and family commitments usually taking priority, it’s very easy to focus your energy on making sure everyone around you is happy and forgetting about yourself.

However, it’s critical you set aside some time to focus on number one: YOU!

Otherwise you risk compromising your mental health, and may find yourself feeling stressed, anxious, depressed and so on.

That said, it’s important to practice self care every day.

To put it simply, self-care is where you can identify your needs and desires, then take small steps to meet those.

And this can range from something as simple as taking a shower to something a little tasking like working out.

Whilst this may sound simple, if you’re suffering from mental health, doing this seems a lot harder.

The reason being, people suffering with mental health can often experience poor motivation, low energy and fatigue.

Other symptoms include withdrawal, isolation, lack of desire to do pleasure things, poor focus, concentration and memory.

And with all these symptoms, a mental health cirsi can prevent you from engaging in positive acts of self care.

Before we jump into how you can practice self care, please keep in mind that it doesn’t mean spending lots of money on yourself or making huge life changes.

Rather, it can be as simple as remembering to get fresh air or eating properly.

So, here are 8 easy ways you can practice self-care for your mental health.

1. Establish a Sleep Routine

When you’re super busy, it’s very easy to let your sleep go.

However, a good night’s sleep is essential for your wellbeing, as well as boosting your physical performance, regulating your appetite, improving your focus and productivity.

That said, make sure you prioritise your sleep, rather than binge-watching a TV show, and if you can go to sleep at the same time every night – even better!

2. Eat Healthily

Eating well is the best form of self-care.

When you’re running around all day, it’s very easy to miss important meals.

And if you go too long without eating, you’re not feeding your body enough nutrients, which means your brain won’t function at its best.

Plus, if you cook your own meals, this is a great way to relax and unwind.

Simply, nourish your body and mind by learning to cook foods you enjoy, and eating 7 portions of fruit and vegetables has been proven to boost happiness and mental wellbeing.

3. Take Breaks

It’s important you set some time out of your day to focus on yourself.

Even if it’s just a quick 15 minute walk alone, getting some fresh air can work wonders for your mood.

On the other hand, it’s also good practice to plan a minibreak as well – even if it’s something as simple as heading to the nearest beach or nature reserve.

Simply, having something to look forward to can help keep your eyes on the horizon and spirits up.

4. Exercise

It’s no surprise that exercise has a positive effect on both physical and mental health.

Studies show that people who exercise daily report 1.5 fewer days off a month.

And if exercise is not your thing, don’t worry!

You don’t need to be a fitness fanatic to benefit; just 20 minutes of walking or riding a bike will release hormones like serotonin and endorphins, which can immediately boost your mood.

5. Indulge in Essential Oils

When you inhale essential oils, this stimulates the olfactory system; the part of the brain connected to smell.

And this influences the limbic system, which is responsible for your behavioural and emotional responses.

In particular, citrus scents have been found to soothe stress and anxiety.

So consider buying a diffuser bottle, or add a few drops to a hot bath for a steaming effect.

6. Meditation

Meditation is very popular for a reason: it can have a huge impact on your wellbeing, both while you’re practicing and in your day-to-day life.

To start off, you don’t need to sit in a trance for hours to start reaping the benefits.

Rather, start off with just 10 minutes a day, which will help to release any stress or tension you may be feeling.

The same can be said for yoga too; learn a few simple salutations and practice them each morning.

7. Learn to Say No

When you prioritise everyone but yourself, you’ll probably find yourself constantly saying yes.

And often you don’t actually have the capacity to help them.

But saying yes all the time can lead to anxiety, stress and eventually burnout.

Unfortunately, you can’t pour from an empty cup.

So, learn to say no.

And once you practice declining, you’ll not only feel empowered, but you’ll have more time to focus on yourself.

8. Crack a Joke

You may have heard the saying before: laughter is the best medicine.

And it’s not a lie!

A good laugh can help boost your immune system and release the body’s feel-good chemicals, endorphins, as well as relieving tension and stress.

If you don’t want to do this alone, laugh with others which can help you feel more connected to them, and as a result, have a profound effect on your mental health.

Wrapping Up

To wrap up, practising self care is an effective way to combat poor mental health, and it’s a crucial part of recovery and rehabilitation.

After all, managing your mental health is not just about medication or therapy. There are many triggers that vary between people.

So if there are small things you can do every day that will help manage feelings of anxiety, stress or anger, then this will go a long way in helping you feel more control of your life and your mental health.

Get in touch today to find out more.

Take a look at our Court of Protection Solicitors, in the meantime.

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What Is The Difference Between an Enduring and a Lasting Power of Attorney

Posted on January 10, 2022 by admin

Tags – Difference Between Enduring and Lasting Power of Attorney

Most of us will go through life without thinking twice about what could happen tomorrow, next week, next month or next year.

So, a power of attorney is not something people have in the front of their minds.

But, it should be.

Essentially, everyone should have a power of attorney in place just in case something unexpected happens.

Let’s take a closer look at what an Enduring Power of Attorney is, what a Lasting Power of Attorney is and the difference between them.

What is an Enduring Power of Attorney?

Before 2007, if you were looking to appoint someone to handle your affairs, you would make an Enduring Power of Attorney.

Simply, this person would have the power to act on your behalf regarding any property and financial affairs.

From 1st October 2007, the Lasting Power of Attorney replaced the Enduring Power of Attorney, but any that were signed before this date are still valid today, which is why they remain important.

Briefly speaking, an Enduring Power of Attorney was a right conferred by a mentally capable person that was registered in case they become incapable.

And, this could be appointed to more than one person to handle different aspects of the donor’s financial affairs.

Then the process was fairly straightforward: you and your chosen attorney would sign a short form, and if you were to lose mental capacity, your attorney would then register the Enduring Power of Attorney.

To put it differently, your attorney could still act on your behalf before registration whilst you had mental capacity, and would only be registered once you were no longer capable.

However, an Enduring Power of Attorney only extended to dealing with a person’s finances and not health and wellbeing.

What is a Lasting Power of Attorney?

From October 2007, Enduring Powers of Attorney were replaced by Lasting Powers of Attorney, which is an important, legal document that everyone should complete – even if you’re mentally capable.

Unlike an Enduring Power of Attorney, there are two types of Lasting Powers of Attorney that offer greater flexibility in their application and use:

Health and Welfare: can only be used after you’ve lost the ability to make your own decisions, such as those with dementia
Property and Finance: can be used before or after you lose mental capacity

You can read more about the types of Lasting Powers of Attorney here.

Although you may not think about the future, or plan for life with a mental problem, planning makes things a whole lot easier when certain conditions progress.

Consequently, if you don’t make a Lasting Power of Attorney and you cannot make decisions for yourself, there could come a time where no one can legally make those for you.

So, when it comes to things such as paying household bills or making decisions about your care in the future, this can become very difficult.

Should this be the case, someone may need to apply to the Court of Protection to become your deputy; check our previous post for more information about the role of a deputy.

The Differences

Here is a quick overview of how the two systems differ:

A Lasting Power of Attorney does not have to apply to the court when the donor loses mental capacity; it is now only registrable with the Office of the Public Guardian
To active a Lasting Power of Attorney, you must seek a witness to support the claim that the person conferring their power is no longer mentally capable
An Enduring Power of Attorney could have been awarded to several people, whereas a Lasting Power of Attorney is one person who can then nominate others to make different decisions
A Lasting Power of Attorney can make decisions regarding the person’s lifestyle arrangements and medical care; an Enduring Power of Attorney cannot decide where a person should live, for example
An Enduring Power of Attorney became valid as soon as it was signed whereas a Lasting Power of Attorney becomes valid only once registered

The Similarities

Here is a quick overview of how the two systems are similar:

They both give power to deal with a person’s financial affairs once they lose mental capacity, and with this power, an arrangement should not be created without a lawyer present
Anyone holding a Power of Attorney can seek advice from the Office of the Public Guardian
If anyone is found to not be acting in the best interest of the donor, or if there are any allegations of abuse, the Office of the Public Guardian will put them under investigation

Summing Up

All in all, Lasting Powers of Attorney are more actionable: you can register it immediately and offer greater protection as they can make decisions before and after you lose mental capacity.

For those with an Enduring Power of Attorney, you may be more restricted; this can only be registered once mental health begins to deteriorate.

Lastly, should a person still have mental capacity, an Enduring Power of Attorney can be replaced with a Lasting Power of Attorney or make an additional one for decisions about personal welfare.

For more information, please get in touch today.

In the meantime, take a look at our Court of Protection Solicitor services.

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Responsibilities of a Lasting Power of Attorney

Posted on January 5, 2022 by admin

Tags – Lasting Power of Attorney Responsibilities

If you’ve been appointed as a power of attorney, you have a huge number of important responsibilities.

And this could mean making some difficult decisions about that person’s finances, health or welfare.

Sometimes, you may have to make these decisions on your own, or with other appointed attorneys.

So, you need to think carefully about if you are willing and able to make those decisions when the time comes.

Becoming an Attorney

When someone makes a Lasting Power of Attorney, referred to as the donor, they will appoint an individual to make decisions on their behalf.

Specifically, these decisions cover matters ranging from healthcare to the management of their property and finances, when the donor is no longer mentally capable.

Usually, the donor will decide who their attorney is, and this can be either a friend, family member or a professional.

Although the attorney will act when the donor loses mental capacity, the donor must have full capacity when executing the Lasting Power of Attorney; they must understand what they are signing and what it means.

Then, this can only be used once the Lasting Power of Attorney has been registered with the Office of the Public Guardian.

And, there are two types of Lasting Power of Attorney; Property & Financial affairs and Health & Welfare.

So, this includes making difficult decisions about issues like healthcare; e.g. if the donor is moved into a care home, or finances; e.g. claiming benefits.

In some cases, you may reclaim reasonable expenses, however unless you are a professional attorney, this role is unpaid.

Legal Responsibilities

Your legal responsibilities as an attorney include:

Acting in the donor’s best interests and taking care when making decisions on their behalf
Acting in accordance with the terms set out in the Lasting Power of Attorney documents
Where possible, helping the donor to make their own decisions instead of just simply taking control

For more detailed information, you can check out the Mental Capacity Act Code of Practice here, and you should keep a copy of this for your own guidance.

The reason being, is as part of the process when making the Lasting Power of Attorney, you must sign a statement that confirms you understand your legal responsibilities.

Plus, you can be ordered to compensate the donor for any losses they suffer, if you do not carry out your duties properly; in severe cases if the donor is mistreated, you could also face criminal charges.

Property & Financial Affairs Duties

As long as there are no restrictions laid out in the Lasting Power of Attorney, you are able to do the following:

Buy and sell property
Maintain and repair the donor’s home
Rent out property
Manage bank accounts
Manage and handle investments
Pay bills
Claim benefits
Liaise with HMRC
Purchase items the donor needs
Make gifts; but there are strict rules around this

On the other hand, this is what you can’t do:

Make large financial gifts
Manage discretionary funds without a fund manager
Pay yourself a fee – unless authorised
Mix your personal finances with the donor’s
Tax planning without the Court of Protection’s authority.

Health & Welfare Duties

It’s worth noting here, that you can only make decisions about a donor’s health and welfare once they have lost mental capacity.

Then, as long as there are no restrictions laid you, you can do the following:

Decide where the donor lives
Make decisions about medical treatments and personal care
Decide on their day-to-day routine
Refuse or give authority to life sustaining treatment
Make decisions in the donor’s best interests

In terms of what you can’t do, this is:

Make decisions that restrict the donor’s freedom
Make decisions when the donor still has mental capacity
Make assumptions based on age, condition, behaviour or appearance

End of an Attorney’s Duties

If the power of attorney resigns, the duties are gone too.

Usually, this happens when the Lasting Power of Attorney ends if the donor passes away, or if they revoke the document, or if the transaction for which the donor created the document is completed.

Typically, there will be specific terms laid out in the written agreement that specifies a method for the attorney to resign.

Remember, a power of attorney is a life-planning tool, so this person must be selected carefully as they will have full control over important areas of your life, if you are unable to make decisions yourself.

To find out more, please contact us today.

In the meantime, take a look at our Court of Protection Solicitors.

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5 Ways to Protect Your Mental Health This Christmas

Posted on December 29, 2021 by admin

Tags – Mental Health This Christmas

Managing mental health is tough all year round.

However, when it comes to winter and the Christmas season, it can seem to be especially hard, given all the stresses that come with it.

Not only do darker nights and colder temperatures affect one’s mood, but the season of cheer is not for everyone – particularly if you struggle with a mental health problem.

From stressed out shoppers in crowded shops and streets to large work or family gatherings, the festive period is the ultimate sensory overload.

In addition, it’s the time of year when we put extra pressure on ourselves to ensure everything goes smoothly.

But that can affect your mental health in a lot of different ways.

For example, you may feel left out because everyone’s happy but you’re not, or you may feel frustrated by other people’s views of a perfect Christmas.

In fact, according to the NHS, one in four adults in the UK are likely to experience poor mental health over Christmas.

That said, here are 5 ways to survive the festive period and protect your mental health this Christmas.

1. Be Selective

When you’re invited to lots of different events, be it from work, friends or family, it can become both overwhelming and exhausting if you’re trying to attend them all.

As such, be selective about the social events that you want to attend, and remind yourself that you are not obliged to go to everything.

Simply, by choosing only the ones you want to go to, you’ll enjoy them more and avoid feeling burnt out when it comes to the new year.

Plus, give yourself a little break in between each event where you can enjoy a workout or even just be tucked in bed with a hot chocolate and a movie.

By scheduling in some evenings for rest and recovery in between social engagements, you can still celebrate the joy whilst also taking care of yourself.

2. Catch Up with Coffee not Alcohol

It’s that time of year where many people will over-indulge on booze.

However, whilst some alcohol in moderation is fine, consuming too much will have a negative impact on your mental health.

The reason being is alcohol interferes with the chemicals in your brain that regulates hormones contributing to mental health.

Yes, a drink may relax you, but overconsumption can contribute to feelings of depression, worsen sleep and intensify negative emotions.

And with Christmas being a busy and stressful time as it is, alcohol will just make it worse.

With that said, why not catch up with friends or relatives over a Christmas coffee instead?

After all, many pubs, cafes and restaurants will have plenty of festive flavours out there for you to try.

3. Be Realistic about Family Expectations

A lot of us have some unrealistic expectations about how the Christmas holidays should go.

But let’s face it, nobody’s family is perfect and nor will your house look like something out of the movies.

And if you’re hoping for the perfect family get-together, you’re setting yourself up for failure, along with added stress and emotional fatigue that comes with it.

Remember, not everything will go smoothly, and your family may not always get along, and that’s OK.

So, choose not to let their behaviour get to you; for example, if an aunt cancels at the last minute, perhaps they had a good reason, so give her the benefit of the doubt.

Trouble is, if you’re too focused on achieving the ideal family Christmas, you may miss out on the unexpected moments that are perfect, be it in the form of a memorable conversation or dancing to your favourite Christmas song.

All in all, Christmas moments do not need to be significant; the smallest details can blossom into the most treasured moments, so try to be realistic about your family expectations.

4. Spend Time Outdoors

No matter how strict your exercise routine and diet plan is, it’s very easy to fall off track over Christmas – just think about all the indulgent food and drink!

And this unfortunately can have an effect on your fitness.

That said, if during the holidays you can’t keep up with your fitness regime, consider making new traditions like spending time outdoors instead.

Yes, it’s cold.

But you must remember to keep active and this is your chance to either be around some real Christmas trees or, for something a bit more fun, go ice skating.

By spending time outdoors, this can help to improve your mood, reduce feelings of stress or anger, help you feel more relaxed and help you to get more active – positively impacting both your mental and physical wellbeing.

5. Prioritise Yourself

With Christmas parties and family gatherings in full swing, it can be quite hard to try and make time for yourself.

Although catching up with loved ones is great, constantly being around people can result in you feeling socially drained.

So among that jam packed calendar, make sure you have a day booked for yourself, a “me” day.

Essentially, this will be your time to do whatever it is you want to; maybe it’s an opportunity to catch up on sleep, bake cookies or watch movies – whatever it is, it’s for you.

It’s also worth noting here, during this festive time a lot of people will be posting on social media about what they’re up to and where they’re going.

However, for those who are spending Christmas alone, seeing upbeat content again and again can become quite difficult.

Furthermore, many people fall into the habit of making comparisons to others online, leading to not appreciating what they have.

Therefore, whilst you’re taking time out for yourself, make sure you take a break from social media over Christmas too.

Wrapping Up

If Christmas is a hard time for you, just know that you are not alone.

By no means are these ways discussed above universal.

For example, Christmas can also be a positive boost to mental health for some as they feel uplifted by taking part in social gatherings.

However, if you do find you’re under a lot of stress, make sure you have someone to speak to and share your feelings, and take a break when it gets too much.

Lastly, always remember that there is no such thing as perfect, so have realistic expectations of yourself and others.

Please contact us today to find out more.

Check our Court of Protection Solicitors in the meantime.

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