Lasting Power of Attorney - Why Bother?

When it comes to ensuring that our later years are secure Lasting Powers of Attorney (LPAs) play a crucial role. However, surprisingly, very few Brits are taking advantage of this essential document. According to research, 84% of people want family or friends to be able to make decisions for them if they become too ill, yet only 7% of people have an LPA in place.

What will an LPA enable you to do?

The LPA is basically a document that you can set up to ensure that your affairs are taken care of, whether or not you are able to do this yourself. There are two different types of LPA in the UK:

• An LPA that covers property and financial affairs e.g. decisions that relate to your bank account, bill payments and managing any property you own or rent.
• An LPA that covers health and welfare e.g. medical care, care plans and any end of life wishes that you have made or wish to make.

With an LPA in place, it’s possible to ensure that all angles are covered, from where you will live to what happens to your property and other assets.

What happens if you don’t have one?

The alternative can be incredibly costly. There were 6,744 applications made to the Court of Protection to appoint a deputy in 2015. That’s the process that must take place if you no longer have the mental capacity to make your own decisions and you don’t have an LPA. Applications can cost thousands of pounds, and it may take 6+ months to put an arrangement in place. During that time finances and life decisions are frozen.

Can you draft your own LPA?

In theory, yes, but this presents a big risk to the validity of the document – at a time when you may not be able to do much about it. If an LPA is poorly drafted, or not in the correct form, then it may be invalid. The result is that the family of the person involved will not be able to help out with essential decisions such as financial matters, housing and care. Plus an application must still be made to appoint a deputy, requiring more expense and time commitment.

So, whether or not you’re one of the 39% of Brits with a Will, make sure you have provision for your later years with a properly drafted LPA – ideally you should have both.

To set up a Lasting Power of Attorney call 01253 629300 or email info@blackhurstbudd.co.uk

Linking up life and estate planning: digital assets

As recent statistics have shown, many of us find it difficult enough to engage in estate planning when it comes to our physical assets. According to YouGov research, around two thirds of adult Brits have not made a Will. And even for those who have, few consider the less tangible assets of life. But what happens to the digital lives we inhabit – and the assets we have there – when we pass away?

What counts as a digital asset?

In estate planning terms, property, possessions, cash, investments and bank accounts are easy enough to identify as assets that need to be included in a Will. But what of digital assets? Essentially, anything that is created online could be included in this definition – and it doesn’t necessarily need to be something of traditional ‘value,’ i.e. worth something to someone else. So, for example, cloud storage full of photos could be a digital asset, as much as an online bank account or social media profile. Domain names, gaming accounts, websites, email accounts and any code you have created also count. Digital assets have the potential to last much longer than real life assets. In fact, in theory they could simply go on forever. That is why it is so crucial that you include instructions on how they should be disposed of in your Will.

Passwords

In this age of heightened awareness of the need for digital security, most of us have password protected our accounts. This is the safe and sensible thing to do but also needs to be taken into consideration in estate planning. If you die, do you want your relatives to be unable to shut your Facebook page down, for example? Although in most situations it is simply an inconvenience to have these accounts open, they are more vulnerable to hacking and that could cause problems. Imagine the pain for relatives if a hacker gained access to your social media account and started using it to post after your death. So, ensuring that you leave instructions about passwords is crucial.

How to deal with digital assets in estate planning

Firstly, make sure you keep a record of all your passwords but don’t do this in your Will – after you die your will becomes a document of public record so anyone will be able to access the logins. Instead, keep a record of this in a separate document, perhaps on a memory stick that you can bequeath to one of your relatives. Second, create an inventory of all your digital assets so that it is possible to get an overview of everything in one place – and update it regularly. Make this as detailed as possible – include absolutely every account, site, profile and collaboration even if you are not 100% sure whether it comes within the definition of a digital asset. As the law has proven slow to keep up with tech developments this is still something of a grey area, but being as clear and unambiguous as you can will help to avoid misunderstandings. Finally, bear in mind that you will leave all your digital footprint behind when you die – make sure that the right people have access to the right assets to ensure there is no unnecessary confusion, upset or shock.

To discuss your Will call 01253 629300 or click here to contact us.