Archive for September, 2014


The Ministry of |Justice have recently published figures showing how many Lasting Powers of Attorney have been registered year on year.

In 2013 – 1024 there were 253,984 LPA’s registered of which:

 For Property and Affairs: 165,000

For Health and Welfare: 54,000

This is vast difference to 2008 – 2009 where there were  43,000 registered LPA’s with only  7,500 for health and welfare.

The reason for this is that LPA’s are becoming increasingly necessary in our aging population. However, the figures are a cause for concern when there are 10 million people in the UK aged over 65. This shows that not enough people are preparing for their future especially when there are 3 million people over 80 in the UK and this is projected to almost double by 2030.

It is extremely important to plan for the future and ensure that you have your affairs in order and that you have chose the person you want to help you and fight your corner if you are not able to do so particularly in the minefield area of social care. There are many stories of elderly people who are not given the correct assessments and care. Who would ensure that you do if you couldn’t do it yourself?

Who would you pick as your Attorney if you needed one?

If you didn’t have a lasting power of attorney in place when you really needed it would you be prepared to pay in the region of £2,000 for the Court to appoint a Deputy? A person you do not choose.

NOW is the time to put your affairs in order. The majority of people know you need a Will for your affairs when you die but what about inn your lifetime when it matters to you even more.

If you would like more information about Lasting Powers of Attorney call or email WE Solicitors LLP today for an informal chat to see what we can do for you.

Email: info@wesolicitors.co.uk

Telephone: 0800 294 3065

 

We Solicitors – home visits – fixed fees – caring professionals

We see many people who have been advised to make a Lasting Power of Attorney but are reluctant to do it. Here are some of reasons why and what you can do to put a person’s mind at ease or help them make the decision to put an LPA in place.

1.    “I will loose control of my money”

The LPA is designed to ensure that you make your own decisions. As long as you are able to do so you give your attorney the authority to act on your behalf and you tell them what needs to be done or what you would like them to do or not do. If you reach a stage where you are able to make some decisions but not others your attorney should encourage you to make the decisions that you are able to make. Having a Lasting Power of Attorney in place does not mean your attorney takes over and you do not have any say from day 1.

The most important factor to ensure it is used correctly is y choose the person you trust to be your attorney.

2     If I let my daughter have power of attorney she will just take over everything”

You must choose the person you feel will assist you best and encourage you to participate in making decisions etc. If you are in a position where you can’t make decisions you must chose an attorney who will consider your values and beliefs when making decisions. You can also make a statement of your wishes in advance.

In the LPA you can give your attorney guidance and there is provision to place restrictions and conditions on how your attorney acts so you can make sure that you say how it is to be used. You could also appoint more than one attorney so that they have to act together and keep each other in check.

3     “I am worried that my attorney will not look after my money properly or may take it and no one will know”

Firstly, ALWAYS chose an attorney you trust completely. Do not feel you have to choose someone because they have been helping you already and it may offend them to choose someone else. It is a very important decision to make as you are giving someone the power to deal with your money. It must be the right person for you.

Take advantage of our LPA Attorney Review Service

OR

Appoint a Solicitor as your attorney

 

You can add a condition onto your LPA that your Attorney accounts to us once a year. This way we can ensure that your attorney is acting correctly, give them advice as to how best to act in the coming year. We can report back to you or another family member or we could report to the OPG if we had any concerns.

This is an excellent service which gives you complete piece of mind but is also a huge benefit to the Attorney as they can obtain advice from us, will be sure they are acting correctly and they are focused on what they need to do.

4     “It costs too much, I don’t need one now”

The initial cost may seem high but it is worth it in the long run. Some people put an LPA in place because they know it may be needed straight away or quite soon ion the future. The most important factor is to have one in place for if it is needed in the future. It can be used for all sorts of eventualities which we cannot plan for. For example, a stroke or any unexpected illness, and long term hospital stay, illness abroad short term memory loss and of course planning for the possibility of dementia.

The cost of not having one in place when you need it is double the cost of an LPA and more. The appointment of a Deputy by the Court can be up to £2,000 with annual court fees all of which come out of your money. And you do not have any say (or very little) in this process.

5     “What do I need an LPA for?”

Everyone should have an LPA when planning for the future. People are living longer and want to remain independent for as long as possible. The only way to achieve that is to accept that help and assistance may be needed and to plan for that. If you found yourself in a position where you need help with your finances for things like help to pay your bills, sort out your pension make sure you aren’t running up debts, keeping investments going etc., someone will have to take this on. It is far better that it is a person YOU have chose and can tell them what you would like them to do rather than leaving it to chance – or the Court of Protection!

ACT NOW and speak to our experts today whether you are thinking of making an LPA or your are seeking advice for someone who needs to make one.

 

 Email info@wesolicitors.com

Freephone Telephone: 0800 294 3065