Having established a loyal client base, or even if you’re developing new connections, providing quality and trusted advice to consumers gives them the peace of mind that their affairs are taken care of. Being appointed a position within a Lasting Power of Attorney is certainly something your clients could consider.
When offering guidance on Lasting Powers of Attorney, it is advised to let your client know exactly what this will mean once it has been drafted and registered. It will provide them with security that one or more people will be there to help them make important life decisions, and can also be trusted to do this on their behalf.
Assigning one of the positions to a qualified professional, such as a practicing solicitor or experienced probate professional is highly beneficial. This will allow the decision making process to remain objective, and knowledge and experience within surrounding industries can only enhance the ability to formulate final plans more effectively.
If your client wishes, they can also appoint a friend, relative or spouse as an attorney. Not only will this person will have the power to decide what will happen regarding the client’s health and welfare, they will also have the ability to make plans surrounding an entire estate and financial affairs. This is certainly an area in which professional advice is recommended, and the person appointed will need to be able to handle great responsibilities while keeping in mind the best interests of the client in question.
If the client has a spouse, or any dependents within or outside of their household, it is especially important to encourage them to register a Lasting Power of Attorney. If there are any children or vulnerable family members that need caring for, the client will need to be given the tools to ensure they know what will happen should they be unable to provide the care themselves.
Writing a will should also become a key supporting document, as this will set out the client’s own wishes and demands directly, should they be no longer around or unable to make their own decisions. You will need to inform the client that those appointed within the Lasting Powers of Attorney cannot make a will on their behalf. It is essential a will is drafted using the guidance of a professional, while the client is mentally capable.
The Office of the Public Guardian (OPG) and the Court of Protection can both be utilised throughout the process of creating a Lasting Power of Attorney and will writing. Each specialises in mental capacity litigation and is advised to only be used in crucial circumstances. Through providing the right services and advice to your clients, the likelihood of them or other appointed attorneys seeking further support is greatly reduced.
