Concerns around Lasting Powers of Attorney

August 15, 2017

Carolyn Snellgrove responds to today’s comments by former Judge Denzil Lush who has raised concerns about Lasting Powers of Attorney.

 

There has been national press this week about the potential disadvantages of Powers of Attorney for vulnerable people.  Alongside this, a very sad case has been reported where an elderly gentleman was financially abused under one of the old-style Enduring Powers of Attorney.

However Lasting Powers of Attorney (LPAs), when properly drafted, with well-chosen attorneys, can be a great tool to help someone who goes on to lose capacity. 

 

The concerns which have been raised by Judge Denzil Lush actually highlight the advantages of making an LPA with the help of a Solicitor rather than on your own.

Here are some of those advantages:

  1. A Solicitor can discuss the pros and cons of making an LPA with you.  They will help you think about lots of practical scenarios that you might not have otherwise considered to ensure you are making the best decisions with adequate protection.

  2. A Solicitor can be a professional ‘certificate provider’ or refer you to a doctor if needed.  This ensures that the LPA isn’t created if you don’t have the necessary capacity to make one.

  3. Solicitors may be able to store the documents for you so they are kept securely.

  4. If you don’t have someone you can appoint then a Solicitor can be appointed to act as your Attorney if you decide that the costs are worth the benefits.

  5. An LPA avoids your loved ones having to go through the Court of Protection process if you lose capacity as this can be a slow, expensive and complicated solution to appointing someone to act for you.

If you want more information on making Lasting Powers of Attorney, contact Carolyn Snellgrove on 01492 588200 or carolyn@nelsonmyatt.com.

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