Protect Yourself Make a Lasting Power of Attorney Now

Will Writing Solicitors Newcastle and Sunderland

The Importance of Protecting Elderly and Vulnerable Clients when Making a Lasting Power of Attorney

Every Friday, our Wills/Probate/Lasting Power of Attorney Team receive updates on good practice and changes in the law. The information we receive often leads to quite a lot of discussion and training. You would think that this would be a very dry area of law with not a lot happening, it's not exactly Perry Mason stuff is it? However, as a Specialist Wills and Probate Lawyer I never cease to be amazed at the things that crop up, the myriad of reasons why a Last Will and Testament is challenged, the skulduggery that is exposed when I am conducting a Probate matter or the need to protect our vulnerable clients wherever possible. So I thought I'd offer you a few snippets of information.

Who Is My Client?

In the case of a person who lacks mental capacity, it is my duty to protect that person. I was contacted some time ago by "Amy,” she had decided to put all of her mother savings into a joint bank account bearing Amy name and her mother name.

She also wanted to access an investment account that her mother had. I established that mum was in a care home, and the state was funding her entire care. Amy was somewhat annoyed as the bank wouldn't release the money in the investment account. She had been advised that she would need to apply to The Court of Protection to become a Deputy to manage her mother affairs.

The Court of Protection is there to protect vulnerable people who can't make decisions about their care or finances, people who have lost mental capacity. They would immediately want to know why Amy's mother's money was not being held in a separate account. You should not place yourself in a position where it looks as if you are benefitting from the assets of a person who lacks mental capacity. In fact, one of our clients was arrested for this last year.

The thing with Amy was that in her mind the money would be coming to her anyway, she saw her mother money as her own. But it's not hers. In the first instance, Amy's dad is still alive, so he would be entitled to receive mum's money if mum predeceased him. Amy also has a sister, so eventually, she would share in the estate. What if the rules change and the state no longer pay for mum's care? Her investments would be needed to ensure she was looked after properly.

As I explained this to Amy she became more and more agitated, it was becoming clear that she couldn't get her hands on the money now. It occurred to me that Amy was up to her eyes in debt and accessing her mum's money would have been the perfect answer. Thank goodness for The Court of Protection, designed to protect the vulnerable.

You Should Make a Lasting Power of Attorney Now.

If Amy's mum had made a Lasting Power of Attorney there is every chance that she would have appointed her husband and both of her children as her attorneys. This would have protected her from the actions of Amy. When I am taking instructions to draft a Lasting Power of Attorney I always explain to clients that if they are not able to make any decisions for themselves in the future then they are going to be relying upon someone they need to trust. This should not be just one person. I always like to build in checks and balances, if one member of the family thinks that the money is theirs for the taking others can step in and control the situation. It is even possible to ask the court to remove an inappropriate attorney.

Have you made it easy enough for trustworthy relatives and friends to help you when you can no longer help yourself?

Have you had the Lasting Power of Attorney Conversation

Will Writing Solicitors Newcastle:  0191 284 6989

Will Writing Solicitors Sunderland: 0191 567 6667

Email us: enquiries@emmersons-solicitors.co.uk

Complete our Online Enquiry Form

You can also park opposite our Sunderland Office on John Street.