A former Senior Judge recently shared his view on the risks surrounding Lasting Powers of Attorney (LPAs) and the need for the public to ‘be aware’ of them. Sadly he only put one side of the story (and it probably won’t surprise you to hear he has a book coming out…!)
During a radio interview for BBC Radio 4, Denzil Lush stated that due to the ‘devastating effect’ it can have on family relationships, he would “never choose to sign an LPA himself”.
LPAs enable you to appoint a trusted individual to make decisions on your behalf if you become unable to do so due to a loss of mental capacity. They can be a vital element of later life planning – when considered and drafted effectively, providing peace of mind for those who need it the most.
Whilst the views of Denzil Lush are significant, it’s also important that they are put into context. Having spent two decades as a Senior Judge at the Court of Protection, he will have been exposed to the negative impact of LPAs, resulting in family disputes and fraudulent behaviour. Although this does occur, the majority of LPAs made will work for their intended purpose, operating in the best interests of all parties concerned.
In light of the 2.4 million LPAs registered, experts have stated that the comments of the former judge should not be considered in isolation. With the risks he highlights, there are also great benefits for vulnerable individuals of any age, providing them with both stability and peace of mind knowing that decisions will be made by someone that they trust.
Rather than focus on the negatives of the LPAs, it has instead been suggested that the public should be educated as to their importance. Setting up LPAs early – when you are well enough to do so and to make the right appointments, will dramatically reduce the risk of fraud by people who might impose ‘undue influence’ on you at a time when you are more vulnerable.
Whilst their negative impact will often make headlines, cases arise every day where an LPA could have prevented a dispute ending up in court. Increasing awareness would improve attitudes towards later life planning, as well as encouraging people to understand the role and responsibilities of an Attorney. In turn, this would lead to greater and more careful contemplation when it comes to making the decision of who would be best suited to the role, therefore reducing the risk of problems arising in the first place.
The most effective way to ensure that you’re making the right decision is to seek professional advice. LPAs require careful consideration and will be unique to the circumstances of the individual, accounting for specific needs and requirements. When transferring decision-making powers, it’s vital that you speak to someone with experience in advising people in these matters.
Heir Tight Wills has been advising clients in this area for many years, and helps them put in place robust provisions and valid documents, to protect their loved ones and their assets both during their lifetime and after their death. For a FREE Consultation to discuss writing or updating your Will & estate planning provisions, contact Rachael Rodgers on 0845 519 7585, or CONTACT US via email.
