FAQs
Q. My aunt only has one bank account. Can I deal with this on her behalf?
If the bank allows, it is possible for your aunt to name you as a third party on her bank account. This will allow you to withdraw funds and sign cheques on her behalf. We can help your aunt complete the mandate form required to put this in place.
Q. My aunt receives state benefits. Is it possible for me to collect these on her behalf as well?
It is often possible for you to be named as “appointee” to receive your aunt’s benefits on her behalf. Again, we can help your aunt to complete the forms required for this
Q. My mother has dementia and would not be able to tell you who she wants to look after her affairs. What can I do?
If your mother is not able to make a decision as to who she wishes to look after her affairs herself, and you are willing to take on this role, then we can apply to the Court for Deputyship. This would mean that you would be appointed by the Court to be your mother’s Deputy.
We will guide you through the whole process including giving the Court details of your mother’s financial situation. As the Court requires we will also notify other members of her family of the application.
Once the Court has all of the information they will consider the application and if they believe that you are suitable to manage your mother’s affairs then they will appoint you as her Deputy. You will then be responsible for dealing with all of her finances, under the guidance of the Court.
This means you can pay her bills, provide for her day-to-day needs and take care of any problems that arise. You must keep careful records of everything you do on behalf of your mother and we can help you prepare the annual accounts required by the Court.
Q. How soon can I file for Divorce?
In England you can get divorced if your marriage has broken down irretrivably, usually proved by allegations of adultery or unreasonable behaviour, or if there has been 2 years' of continously living apart.
Q. Will we have to go to Court during our divorce?
No, getting a divorce should be an administrative excersise only and there are many options open to you that avoid going to Court.
Q. Will I lose touch with my children?
Your aim should be that both parents still play an active part in the raising of the child/children. Usually parents sort this out amongst themselves, although if there are problems mediation can be a good way to resolve this. Going to Court should always be the last resort where children are involved.
Q. He's got to keep a roof over our heads hasn't he?
Non-residential parents have to pay maintenance for their children; hopefully the amount can be agreed though negotiation and if not then the CSA will decide. Each case is different. If for example the Mum and the children stay in the family home then she may relinquish her claims over any other assets such as pension and savings in return.
Q. What am I entitled to in a divorce? Can she take me for every penny?
No. Sometimes it may feel as though this has happened. The aim when sharing out matrimonial assets is to be fair. Both spouses have to make full disclosure about their assets and debts before any decisions can be made about distribution, trying to hide anything won't work. Factors which are important when sharing out the assets include the current and future needs of each spouse and any dependent children; the length of marriage and the age, earning capacity and contributions of each party.
Q. What about my pension?
Pensions are a matrimonial asset and almost certainly (depending on the respective ages and the length of the marriage) your spouse will be able to claim some of it. If you have a very good pension you may decide to give up your interest in other assets (e.g. house and savings) so that your pension stays untouched.
Q. We've sorted it ourselves, it's binding isn't it?
Almost certainly not. For an agreement to be legally binding there must have been full financial disclosure, independent legal advice and an order made by the Court.
Q. I've heard using a solicitor can be expensive?
Can you afford not to have one? Yes, Divorce can be expensive, but without sound legal advice to help you negotiate the pitfalls and help you achieve a fair outcome it can be even more so.
Q. How long will it take before I get compensated ?
In most cases, the limiting factor is the length of time which has to pass before a final opinion can be obtained from a medical expert as to the extent to which an injured person has effected a recovery. In the simplest of cases a conclusion may be reached in around 6 months. However, where more severe injuries are sustained then it may take a number of years to get to a point where the medical eveidence is sufficiently clear to enable the case to be concluded.
In cases where liability is admitted but the case cannot be concluded quickly because of the nature of the injuries then it may be possible to obtain an interrim payment on account of the final award of compensation to be paid.
Q. How much will I get ?
The amount of compensation to be received is determined by an assessment of the extent to whichyou have been injured and have effected a recovery from those injuries. Each case is considered in the light of other cases which have been dealt with by the Courts so as to reach an appropriate level of award.
In addition to the award for the injuries sustained you can also claim for other financial loss such as lost earnings, travelling expenses and the cost of medication.Further and where appropriate a claim can be made for the value or cost of care required or the loss of benefits such as a pension.
Q. Will I have to go to court ?
It is rare that a claim will proceed to a final hearing before the Court which you would have to attend.
Q. Will I have to visit a Doctor as part of the case ?
In all cases where a claim for personal injuries is made , that claim needs to be supported with medical evidence in the form of a medical report. This report is prepared following a medical examination with a nominated medical expert which will be arranged by your Solicitor.
Q. What happens if I lose the case ?
There are many different answers to this question which will depend on the exact terms of your retainer with your Solicitor. The answer below should only be taken as general guidance and you should ensure that your Solicitor makes the implications of losing the case clear to you given the manner in which you choose to fund your case.
If you lose the case then your liability for legal costs will depend on a number of factors and in particular the manner in which the claim is being funded at the point which the claim has reached.
In most cases where a claim is lost or discontinued prior to the issue of court proceddings then no costs will generally be recovered by the successful opponent from you.
Where a case is unsuccessful after court proceedings are issued then it is likely that you would be held responsible for your opponents costs . Where you have the benefit of a policy of legal expenses insurance then it is likely that your opponents costs will be covered by that policy. Where no such policy is in place then it is likely that you will be responsible personally for those costs.
Where a case is unsuccessful after court proceedings are issued then you will generally also be responsible for your own legal costs. Where the claim is being pursued on a conditional fee agreement then no charge will be made by the your Solicitor. However, in all other casesyou will be reponsible for your own costs save where a policy of legal expenses insurance is in place which covers those costs.
Q. Will I get to keep all of the compensation ?
At Banner Jones we aim to ensure that our clients keep all of the compensation awarded to them.
Q. What happens if I have Legal expenses Insurance ?
If you have legal expenses insurance then we will contact your legal expenses insurers to seek authority to represent you under that policy.
Where we represent you under a policy of legal expenses insurance then in most cases from the date when cover is confirmed and up to the maximum cover provided by the policy your own and any of your opponents legal costs ordered to be paid by you will be met by your insurers.
Q. If I dont have legal Expenses Insurance can I get it ?
In most case where we represent a Claimant under a conditional fee agreement we will advise in relation to the obtaining of a policy of after the event legal expenses insurance and if appropriate we will make an application for such cover.
Q. How will I fund my case ?
We will before an action is taken advise on the possible methods of funding a case.
We will advise on :
-Private fee agreements
-Conditional Fee agreements
-Legal expenses insurance
-Legal Aid
-Trade Union funding
Following our advice we will then pursue your case based upon your chosen method of funding.
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