July 2026:
I recently attended a Law Society event on the important topic on Lasting Powers of Attorney. Attending these events is extremely important to me to ensure I am up to date with the latest legal developments and can connect with fellow solicitors on important relevant topics, for the benefit of my clients. As many people appreciate, along with a Will, having effective Lasting Power of Attorney documents in place are the most important things you can do to ensure your future is protected.
Of course, a Will ensures our hard earned property, possessions and money are left to the people you want to benefit after we have gone, this is clear, but what about a Lasting Power of Attorney? Sometimes called a ‘living will.’
Many people think that we don’t need to start thinking about this until we reach our more mature years and some people consider completing them online. Whilst both are true and possible, unfortunately we can lose mental capacity at any time, it is not linked to typically ‘later life’ illnesses such as dementia. Sadly, I have known many people (including personal friends) who have lost mental capacity in their 40’s and 50’s. I also understand some people do not think they need to take legal advice to help with such important documents. With that in mind, I just want to share a few points to consider…
When selecting attorneys, have you discussed the responsibility with them? Do you and they really understand what’s involved and have they been advised what to do to prepare themselves to accept the responsibility? Are you and they aware of the implications if they do not want to take that role when the time comes, or their role is challenged by others? Do you and they understand the role of the Court of Protection and how it may be involved?
Are you aware how to best share your wishes so they are clear for your attorneys, and who has access to that critical and very personal information? Are you aware what can and cannot be included in the Lasting Power of Attorney documents? Are you aware what will likely be rejected by the Office of the Public Guardian, the government body that registers and regulates Lasting Powers of Attorney? If your documents are rejected, this incurs additional cost and time.
So, just some points to think about. As I said, these are such important documents, it is my responsibility to ensure everyone understands their importance, are fully aware of their significance, their attorneys are fully prepared and everyone is agreed. This will ensure any potential issues and complications are avoided later when we really need our attorneys to focus on our wishes. We also want to ensure their roles as attorneys are as straightforward as possible, as without the right advice and preparation the role can be extremely complex and can lead to legal issues if not managed properly. This is particularly important as Executors are personally liable for any issues.
I hope the above was of help. Let me know if you have any questions, I would be happy to chat through anything. Additionally, if you are not aware of Lasting Powers of Attorney I would be happy to discuss that also.
Contact details:
Phone: 01243 267325