Creating a will and establishing a Lasting Power of Attorney (LPA) are two crucial legal steps that many individuals tend to postpone or neglect. However, these documents are essential for ensuring that your wishes are honoured and your loved ones are protected when you can no longer make decisions for yourself. While it might be tempting to draft these documents independently, there are several compelling reasons why it is imperative to use a solicitor's expertise and guidance in this … [Read more...]
My father is becoming forgetful. Should he be thinking about legal protections?
The important thing to remember is that you cannot set up or prepare power of attorney on someone else’s behalf. When you prepare a lasting power of attorney, you are named the ‘donor’. This refers to the fact that you are giving the power to make decisions on your behalf to someone else, i.e. the attorney/ attorneys. It is therefore extremely important that you begin this process while you still have sufficient capacity to make the relevant decisions in this matter. Power of attorney is not … [Read more...]
Why are lasting powers of attorney so important?
Lasting powers of attorney are different to a will. A will comes into effect once a person dies and the executors named in the will obtain a Grant of Probate in order to look after the deceased person’s estate. A lasting power of attorney, however, works whilst a person is still alive but is unable to make decisions for themselves (or if they want a person to manage their property and financial affairs whilst they have capacity but require help). This could happen for a number of reasons, … [Read more...]