“I’ll get to it eventually…” – the trap of not getting an LPA

As we embark into Free Wills Month here at Open Law, we’re delighted to see so many clients realising the importance of writing their will and preparing for the future.

Although whilst it’s essential to prepare for life after you’re gone, the question of what could happen during your lifetime is equally important, arguably more so.

You may have written your will, but are you prepared for what happens if you were to lose capacity?

In that case, a Will wouldn’t help you. You would instead need a Lasting Power of Attorney.

So what exactly is Lasting Powers of Attorney?

An LPA is a legal document that gives somebody authority to make decisions on your behalf, be it through property and finance, or health and welfare.

There are many different instances where an LPA could come into effect, but rather than bombard you with complicated legal explanations, we thought it would be better to show you why they matter instead.

Meet John

Meet John. He’s a 70-year-old retiree with a wife and two adult children. He loves gardening and shouting out the answers to The Chase before anyone else can get a word in.

John’s a fit and healthy guy, although these days he appreciates a bit of help with things like paying utility bills and making doctor’s appointments.

His family are more than happy to help, but his kids want him to sign a Lasting Power of Attorney, so they have legal authority to deal with things on his behalf.

But John doesn’t think it’s necessary – he’s active and still quite sharp between the ears – so he decides against it.

The Warning Sign

Not too long in the future, John receives a call from his bank. Somebody’s cloned his card and the bank has frozen his account. They need to speak to him to get things sorted.

John struggles to understand what the bank is saying and what they need him to do, so he asks his kids to help.

Unfortunately, his kids don’t have any legal authority to deal with the account on his behalf.

He manages to muddle through and eventually gets access to his account restored, but only after a fair few phone calls and far too much stress.

At this point, his kids again ask him to sign a Lasting Power of Attorney, but because he was able to deal with the issue himself, John still doesn’t see the need for one.

The Tipping Point

A few years later, John and his wife decide to downsize to a bungalow, so they put their house on the market.

Their estate agent refers them to a conveyancer, and John and his wife, along with their adult son, attend the conveyancer’s office to fill out the initial paperwork.

When filling out the forms, their son is there to help them with a few details, but generally everything goes smoothly.

It’s not until a few days later, when the conveyancer phones John to go through some search queries, that the problem arises.

When the conveyancer phones, John struggles to remember anything about selling the house.

He doesn’t remember visiting the conveyancer’s office.

He doesn’t remember putting his house on the market.

At this point, the conveyancer has serious concerns about John’s capacity to give instructions and cannot simply continue with the sale as before.

At this point, John’s son suggests the LPA again.

This time, however, it’s too late.

LPAs and Mental Capacity

An LPA has to be made while John still has the mental capacity to make that decision. If he no longer does, his children can’t simply arrange one for him.

Without an LPA, John cannot sell his house.

Without capacity, John cannot sign an LPA

Instead, his children must now apply to the Court of Protection for authority to act on his behalf.

This is a much more involved process, with greater timescales and higher costs.

While all of that is happening, the house sale is going nowhere and John is stuck in limbo.

Fix the Roof While the Sun is Shining

Situations like John’s appear far too often in our line of work.

The problem with waiting until you need a Lasting Power of Attorney is that, by then, it may already be too late to make one.

Fix the roof while the sun is shining, not when it’s already raining.

Had John put an LPA in place earlier, his children would already have had the legal authority they needed to step in when he could no longer manage things himself.

LPA Services at Open Law

At Open Law, we offer Lasting Powers of Attorney services for just £292.00 + VAT.

We’re passionate about providing a tailored, expert level of service that gets to know you and your unique situation.

When you visit us to acquire your free Will as part of Free Wills Month in October, or WillAid in November, then use this time to speak to us about Lasting Powers of Attorney.

This one small step could be the difference between you being caught in limbo just like John or maintaining control during times of uncertainty.