With us all living longer and the number of people living with dementia set to rise to over 1 million by 2025, it is wise to consider who you would want to make decisions on your behalf if you were ever unable to make decisions for yourself.   A Lasting Power of Attorney (LPA) gives you the opportunity to choose people who you trust (attorneys) to make decisions on your behalf in relation to your property and financial affairs and health and welfare matters.

An LPA is an important document due to the powers that are given to the attorneys.  This is why it is vital to make sure that the documents are prepared correctly and that the donor of the power is fully advised about the nature and effect of the LPA and the suitability of the proposed attorneys.

With concerns growing over a rise in elderly financial abuse, LPAs prepared by solicitors have a valuable role to play in protecting people who are or may become vulnerable.

Your solicitor should see you alone so that you can discuss matters freely.  This also gives the solicitor the opportunity to assess mental capacity, to discuss the suitability of the proposed attorneys and to get a feel for the family dynamic.  Choosing your attorney carefully is seen to be the best safeguard against possible abuse. The solicitor is there to advise you and prepare a document tailored to your exact needs. This may also include advice about whether to provide additional guidance or instructions in the LPA to your attorneys.

Financial abuse can be difficult to spot until after the event.  Using a solicitor to make a Lasting Power of Attorney helps to prevent someone being pushed or bullied into something they are unhappy with or don’t fully understand.

If you would like more information about Lasting Powers of Attorney please do not hesitate to contact us on 0800 8 60 62 65.

Victoria Ridge – Partner Wills & Probate