Examples of when a Lasting Power of Attorney may be appropriate

Lys Chadwick LL.B. (Hons)
0113 320 5000
wills@winstonsolicitors.co.uk

1. Medical care

Mrs A is going into hospital for elective surgery, but knows there is a risk of complications - she had strong views on her medical care and would like to specifically authorise her chosen attorneys to make decisions about end of life treatment on her behalf should she be unable to provide her input. An LPA would enable her attorneys to provide guidance, in accordance with her wishes, to her medical practitioners within the scope of the authority provided.

2. Finances

The Children of Mr B are concerned his dementia is getting worse and want to ensure his finances are dealt with in accordance with his wishes rather than the Court of Protection. An LPA could deal with this situation.

3. Business and personal

Mr C is a Director and shareholder of a company and wants to plan for the future. He doesn't want to make specifications at this stage for any future personal/medical care although he may reconsider in future. He could make one Property and Affairs LPA to deal with two scenarios: he could appoint a business associate/his trusted accountant to deal specifically with his company affairs and he could appoint his wife and adult children jointly to look after his personal assets including matrimonial home and private investments.

4. Additional wishes

Miss D made a living will in 1998. She had already made an EPA with regards to her finances (when it was still possible to do so) but would now like to give legal formality to her wishes with regards her medical care should she be unable to decide for herself. She can make an LPA clearly stating her wishes and can also review her existing EPA within the LPA (although the EPA unless revoked would continue to have legal effect on a stand -lone basis).

5. Managing finances

Mrs E, an elderly widow, is house-ridden due to her physical fragility. She has a Home Help twice weekly who assists her with shopping and some household duties.

She is finding managing her finances increasingly difficult and is seeking further assistance on a day to day basis. She has few visitors whom she can trust but welcomes the company nonetheless. Her only child lives 200 miles away and is concerned that her mother is vulnerable to financial abuse. She could appoint a local solicitor to act independently and impartially as her attorney under an LPA to manage her finances ensuring that all benefits and pensions are received and that her bills are paid on time.

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