Planning for all eventualities

Helen Scott-Parker of MWR Solicitors writes about Lasting Powers of Attorney

In an interview on the BBC Radio 4’s Today programme recently, junior justice minister Bridget Prentice said that increasing life expectancy means that every person in Britain should have a Lasting Power of Attorney in place, ready to be used when necessary.

So what is a lasting power of attorney?  Well imagine one day you are involved in a bad accident and are hospitalised. Your bills mount up, your house sale falls through, and you cannot communicate your wishes. Who can speak for you and who can sign your cheques and documents?

A lasting power of attorney gives you the opportunity to appoint someone to sign cheques and other documents on your behalf and even to decide if you should receive life sustaining treatment.  This person is the attorney.

The lasting power of attorney is a safety net and operates whenever you are unable to act. For example, if you are out of the country for long periods, when you are elderly and no longer mobile, or when you do not have the capacity to act.

The attorney’s are chosen by you and normally two are appointed. You can also appoint replacement attorneys if original attorneys can no longer act.  Restrictions can also be placed on what you wish the attorneys to do.

The power consists of several documents containing your wishes and details of the attorneys. As a safeguard, a friend or professional person has to be notified that you are taking out a power of attorney and a certificate provider, such as a doctor or solicitor, certifies that you are able to understand the power of attorney.

If you become mentally incapable and do not have a power of attorney, one will be appointed by the Court of Protection. The cost of this process alone can exceed £1,500.00.  If you appoint an attorney yourself it is cheaper and quicker and puts your mind at rest.

For more information on lasting power of attorney, or any other legal matter, call MWR Solicitors on 01772 254201.