• March 28, 2024
 Could Lasting Powers of Attorney safeguard your clients?

Could Lasting Powers of Attorney safeguard your clients?

Recent analysis shows around 11,500 families each year find themselves having to apply to the Courts and appoint a Deputy, when a family member becomes unable to handle their affairs. This chosen person is delegated to make decisions on behalf of the family member, where a Lasting Power of Attorney (LPA) is not in place. These difficult circumstances could have been prevented if the person had the foresight to have made an LPA, thus saving potential future costs and worry.

Has your practice seen an increase in the number of clients requesting Lasting Powers of Attorney over the winter months? Do you think enough is done to raise awareness of LPAs and the potential benefits they could provide?

Figures suggest there are currently around 850,000 people in the UK living with dementia, and 1 in 3 individuals over the age of 65 are now said to develop the condition. According to the Alzheimer’s Society, in the next decade the total number of people with dementia may increase to over 1 million, and by 2051 up to 2 million. Further data also shows nearly 300,000 people are diagnosed with cancer every year, according to research from the charity, Macmillan. By contrast, reportedly only 246,000 Powers of Attorney were registered in 2013.

With life expectancy on the rise and health concerns becoming increasingly prominent, planning for the future is evidently becoming a necessity, but not everyone does this for a variety of reasons. As a legal professional, you will need to ensure you approach the matter with existing and potential clients both effectively and sensitively. What are the main concerns your clients raise when dealing with the topic of Lasting Powers of Attorney?

The question is raised about whether LPA instruments are reasonably practical or could be subject to misuse when completed by anyone other than a qualified solicitor. The layout and content can appear complex to an amateur, so should this be an area of improvement?

Lucy Malenczuk, Policy Adviser on financial services for Age UK, says: “We would encourage people to read through the forms and guidance first and, if they want to set up something fairly simple and feel confident about their decisions and filling out the forms, then they don’t have to have legal advice. But it’s important to remember that an LPA is a serious, powerful document so, if in doubt, they may want to take legal advice.”

Julia Abrey, Head of Elder Law at law firm Withers, agrees that people who want to set up a straightforward LPA can do it themselves, although for something more complex, she recommends using a solicitor.

A client employing the services of a professional can be relatively safe in the knowledge that the appropriate checks are carried out, but what about those who choose to apply themselves? Could more be done by the Office of the Public Guardian (OPG) to safeguard the Donor in terms of the relevant checks? What about the issue of potentially fraudulent documents? For a person selecting their attorneys and appropriate persons, to be told this can be an exhaustive process. Have you dealt with situations where clients have been subject to abuse of power? Do you support the entire process of an LPA or are parts of it are not necessary or insignificant? Could the OPG potentially speed up their process?

As unforeseeable accidents and health conditions can strike at any moment, should more be done to increase awareness of the importance of having a safeguard such as an LPA in place to prevent future implications?

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