Legal Advice from
Power of Attorney
McClure Solicitors provide a wide range of advice on later life legal issues. Today we look at why having a Power of Attorney in place is important…
The good news is that McClure will prepare your Power of Attorney for £249 and will donate £30 of their fee to the Charity that introduced you to us. We include the Welfare Power free of charge. We also let you decide whether and when you want to register the Power of Attorney which can save you further money in disbursements. Our Power of Attorney lets you keep control if you are able. You can also change your Power of Attorney or cancel it at any time. There are many good reasons for having a Power of Attorney and no good reason not to!
And when you get in contact with McClure’s make sure you get your Will reviewed which is free, or if you don’t have one yet take advantage of our Free Will Service. All we ask is Consider a Donation for the Charity that introduced you to us.
Watch our videos below to learn more.
Lasting Power of Attorney (England & Wales)
Power of Attorney (Scotland)
So why take the risk? Watch our videos below to learn more.
Free Will for Charity
Free Will Reviews
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Every adult, especially everyone over 50, should have a Power of Attorney.
In England and Wales, you need two Lasting Powers of Attorney (LPA), one for your assets (house and money) and one for your welfare.
In Scotland, one Power of Attorney (POA) covers both.
Without a Power of Attorney, if you lose capacity to deal with your affairs, someone else will need to apply to the Court.
In England and Wales someone would need to apply to the Court of Protection for a Deputyship. It is expensive, takes lots of time, and involves the Deputy in lots of paperwork and responsibility. An LPA avoids all this. In Scotland, you need a Guardianship Order from the Court which, again, is expensive and a slow process. A POA avoids all this.
If you do not have any children, it is even more important to appoint an attorney, as more distant relatives will usually be reluctant to apply for Deputyship or Guardianship.
McClure Solicitors have seen many examples of clients who could have protected their assets against, for instance, care costs had there been a Power of Attorney in place. However, it was too late. We have seen many examples of families having to pay thousands of pounds in legal fees and disbursements which a Power of Attorney would have avoided. We have also seen examples of elderly or disabled clients being taken advantage of or harassed by relatives where there wasn’t a Power of Attorney in place to protect them.
Recently, Richard Farnhill, one of McClure’s Estate Planning Consultants, had an appointment in Leeds. The client (80) was looking to set up a Power of Attorney for her son (54). The year previous, the son had been diagnosed with an aggressive form of Dementia. Sadly, this meant he could no longer work, and his financial and health circumstances were only getting more difficult to deal with. Without the Power of Attorney, the doctors and banks were unable to speak with the client about her son. The son was also at the appointment so that Richard could speak with him directly. Unfortunately, the client’s dementia had progressed so far that a Power of Attorney could not be put in place. Luckily, Richard was able to ease the client’s worries somewhat by setting up a Deputyship, but this was much more expensive and time consuming. If the client had come to McClure even a month before, they would have been able to set up a Power of Attorney. It is always painful to find out that, in hindsight, a Power of Attorney would be easier, cheaper and less of a burden on the attorney and family.
Previously, Jane Hibbert from Roy Castle Lung Cancer Foundation, one of our Charity Partners, had referred one of their supporters to us.
The lady had lung cancer and due to this had to be hospitalised. She asked her daughter to visit her bank to transfer funds from her savings to cover some bills. Unfortunately, once the bank heard that her mum was hospitalised they immediately froze her account and insisted that she would have to call into the branch herself, or arrange a Power of Attorney (LPA) for someone to act on her behalf. They wouldn’t even let her daughter set up internet banking for her mum. Despite calls and emails from her hospital consultant - stating that she was medically unfit to attend in person, although she was mentally competent - the Bank refused to help. Thereafter, a LPA was hastily organised with McClure, and signed bedside, but the lady died 2 weeks later whilst waiting for this to be registered by the Court. Her daughter said that her mum’s last days were ‘spent crying with the knowledge that bills were going unpaid which had deeply shamed a very proud lady’. The daughter was also greatly distressed by this experience and wished they had set up an LPA earlier.
It is like insurance for your house: you hope to never need it, but you will be glad that you took it out if the worst happens.