Should I replace an existing EPA with an LPA?

Being able to appoint a person to make important decisions on your behalf in the event of illness or accident can give you and your loved ones peace of mind for the future. For anyone who has already made provision for this in previous years, you may have in place what’s known as an Enduring Power of Attorney (EPA). However, the EPA preceded the Lasting Power of Attorney (LPA) that was introduced under the Mental Capacity Act 2005.

Below we look at the effectiveness and scope of EPAs and how these differ to LPAs, including whether you should now replace an existing EPA with an LPA.

What is an Enduring Power of Attorney?

Prior to 1st October 2007, when the 2005 Act came into force, an individual could use an EPA to appoint someone they trusted, typically a friend or relative, to be able to deal with their general property and financial affairs if needed. This could include giving that person the authority to make bank withdrawals, collect benefits or a pension, pay bills or even sell their home. However, following the introduction of the 2005 Act, LPAs have now replaced EPAs.

Still, even though the Enduring Power of Attorney has been gradually phased out, a properly executed EPA in the prescribed form that pre-dates the 2005 Act coming into force should still be valid — although it may not give you the same flexibility and benefits as an LPA.

How does an EPA differ to an LPA?

Both an EPA and LPA are legal documents that give another person or persons (the attorneys) the authority to make certain decisions on behalf of the appointing individual (the donor) in circumstances where the donor needs help or is no longer able to make their own decisions.

However, any existing EPA will only cover decisions about a person’s property and finances. As such, the most important distinction between an EPA and an LPA is that the LPA can also include the power for your appointed attorney(s) to make important decisions about your health and welfare. This can include things like your day-to-day care, where you should live and even life-sustaining treatment. In this way, the 2005 Act increased the range of decisions that people can authorise others to make on their behalf.

Should I replace my EPA with an LPA?

Provided any existing EPA has been properly drafted and met the legal requirements upon execution, this should still be valid. As with a Lasting Power of Attorney, a valid EPA allows an attorney to make decisions even if the donor lacks capacity to manage their own affairs.

An EPA can be used before someone loses their mental capacity with the donor’s permission. It can also be used after the donor has lost the ability to make their own decisions, as long as the EPA has been registered with the Office of the Public Guardian.

However, if you want someone to make decisions about your personal welfare in the event that you lose the ability to make your own medical and care decisions in the future, you will need to make an LPA whilst you still have the capacity to do so. You will also need to substitute any existing EPA with an LPA if you're looking to replace your appointed attorney(s), or an attorney is no longer able to act on your behalf.

By planning ahead, and by securing professional help to put in place the power for your attorney(s) to manage decisions about both your financial affairs and personal welfare, you can significantly lessen the emotional strain on your loved ones if the worst should happen.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

The benefits of buying a new build

Buying a new build not only means you will benefit from a brand new home to live in, it can also provide you with significant financial and practical benefits when compared with buying an older or resale residential property. Below we highlight some of the advantages of buying a newly-built home, whilst flagging up the potential pitfalls that might arise along the way.

The benefits of buying new

When buying a new build, you may be eligible for financial assistance in the form of a low cost loan through the Help to Buy: Equity Loan scheme. This is a government scheme designed to help over 18s in England buy a new property with just a small deposit. The new scheme will run until March 2023 and, as with the previous scheme, the government will lend homebuyers up to 20%, or 40% in London, of the cost of a newly-built home with a registered homebuilder.

The government has also recently launched the First Homes scheme for local first-time buyers and key workers earning less than £80,000 per year, or £90,000 in London, albeit lower if set by the local authority. The scheme is designed to help those providing essential services or with local connections to get on the property ladder by offering residential properties discounted by at least 30% compared to market prices. With properties already on sale in the East Midlands from June 2021, further designated sites are now set to launch across England. 

Even if you’re not eligible under one of these government schemes, very often developers will provide potential purchasers of a new build with attractive financial incentives, from paying any stamp duty or legal fees due to giving you the option to select certain design and decor aspects for your new home — typically including a warranty to protect you against any defects in respect of the entire build that may later come to light after you’ve moved in.

For existing homeowners, the developer may even offer a part-exchange on your current property. Even though you may get less than you would if you were to sell your house on the open market, by partly funding your new home with the proceeds of a part-exchange deal this can make the process far simpler and less stressful — not least because this will facilitate exchange and completion of both properties, removing the risk of your buyer pulling out.

The drawbacks of buying new

Although the advantages of buying a new build can be tempting, there are also several drawbacks. Unless you buy a new home that is already built, this runs the risk of running into complications during the construction phase – from unavoidable delays due to poor weather, to the developer being unable to complete the build at all down to a lack of funding. Further, with off-plan properties, where you’ve seen the show-home and chosen a replica property, this doesn’t guarantee that yours will be completed either on time or to the same standard.

In most cases, you will be given the option to pull out of your purchase prior to completion, where any warranty should cover your deposit. This means that you will not lose your deposit if a major problem comes to light either during or post-construction. You will also usually be given the opportunity to complete a snagging list for more minor issues. Still, waiting for your home to be completed can be a stressful time, especially if you’re in a chain where the buyer of your existing property needs to exchange and complete by a certain date.

All that said, many of the potential pitfalls arising from buying a new build can be safely navigated with the help and advice of a specialist conveyancer — from helping make sense of the developer’s terms and conditions to the protection afforded to you under any warranty.

Legal disclaimer 

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

Protecting inherited property on divorce

If you’re recently separated or contemplating separating from your spouse you may be  concerned about the division of marital assets, especially if you’ve inherited money or property during the course of the marriage, or are likely to do so prior to getting divorced.

Below we look at how any past legacy or future inheritance prospects are likely to be divided or factored in on divorce, and what steps you can take to protect your financial interests.

How will any inheritance be divided on divorce?

In England and Wales, any money or other assets inherited either before or during your marriage are not automatically excluded from the matrimonial financial pot. This means that any legacy will not automatically be ring-fenced and, as such, may have to be shared between you and your former spouse or civil partner on divorce or dissolution of the civil partnership.

That said, every case is different. Ultimately, therefore, whether or not you will have to share your inherited wealth on divorce depends on the specific circumstances of your case. The primary consideration will be the welfare of any dependent children, although other factors could include the size of the inheritance, when this was received, the manner in which the inheritance was dealt with during the marriage and the financial needs of both parties.

If any inheritance has been mingled in with matrimonial assets, for example, put towards the cost of the family home or to pay off the mortgage, you’re much more likely to have to share this with your ex than if this money or property has been kept entirely separate from the family’s finances. Your inherited wealth is also more likely to go into the joint ‘pot’ where the financial needs of one or both parties cannot be met from the matrimonial assets alone.

Will any future inheritance be taken into account?

With regard to any future inheritance, this will not usually be taken into consideration when the financial aspects of divorce are dealt with by the court. This is because a potential legacy cannot usually be determined with any degree of certainty, where a testator could easily change their mind. It can also be difficult to gauge the life expectancy of any testator.

That said, albeit exceptionally, where there is an expectation of a significant inheritance after separation and a divorcing spouse is likely to receive that inheritance imminently, the court may adjourn part of a financial application on divorce until the inheritance is received.

How can any inheritance be protected on divorce?

If you wish to protect inherited wealth in the event of divorce, you should consider entering into a pre- or even post-nuptial agreement with your spouse or civil partner. This does not automatically protect any legacy if you later separate and subsequently divorce, but if entered into freely and fairly by both parties it may be taken into account by the court.

In many cases, however, protecting any inheritance is not something that a couple will seriously contemplate, not until the relationship begins to breakdown and divorce seems likely. Still, in these circumstances, agreement can still be reached as to who gets what without leaving it for the courts to decide. By seeking expert legal advice from a divorce specialist at the earliest possible opportunity, this can help you to navigate this often fraught and stressful process, and to help negotiate a settlement to safeguard your financial future.  

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

How to deal with the debt of someone who has died

Being responsible for administering the estate of a loved one after they’ve died is no easy task, and not without risk, not least if they’ve left debts behind. It’s a common misconception that unpaid debts will be automatically written off on a person’s death, but this is simply not the case. As such, as either an executor or personal representative of the deceased’s estate, discharging any outstanding debt will form an important part of your responsibilities. 

Am I personally liable for the debt of a loved one?

In the UK, debt isn’t inherited, which means that family or friends will not be liable for the individual debts of the deceased. This means that when a loved one dies with an outstanding loan, credit card or any other debts, provided these were in the deceased’s sole name they will not pass to you or anyone else, not unless you or any other individual provided a guarantee. 

However, even if you’re not directly responsible for repayment of the debt, for example, as either a joint account holder or guarantor, an outstanding balance will still need to be paid from the deceased’s estate prior to any assets being distributed amongst the beneficiaries. 

How do I know what debts are owed by the deceased?

Part of acting as an executor or personal representative is taking reasonable steps to establish what debts might be owing and if there is enough value in the estate to discharge these. There are various different ways of doing this, although checking the deceased’s paperwork and bank statements, both manually and online, is usually the best place to start.

Needless to say, it’s possible that some debts may go undetected during a search of the deceased’s financial affairs, where paperwork or records have been lost, destroyed or deleted, especially if a debt dates back several years. It’s also not uncommon for unidentified creditors to surface at a later date, after an estate has already been distributed, where you could be held personally liable and be required to repay the debt out of your own pocket. 

To ensure that you’re protected from any liability, you can place an advertisement in the London Gazette and local newspapers requesting unknown creditors to come forward —known as a “Deceased Estates Notice”, this will demonstrate that sufficient steps have been taken to locate creditors prior to distribution of the estate. You’re not under any legal obligation to place a notice, but if you fail to do so you could put yourself at serious risk. 

In what order do any debts need to be discharged? 

In some cases, having determined the total value of the deceased’s estate, there may not be sufficient funds to pay off any outstanding debt. If the deceased had more debts than assets, their estate will be classed as insolvent. This means the beneficiaries won’t receive anything, where all assets must instead be used to clear the outstanding liabilities.

In these circumstances, executors and personal representatives will need to discharge each debt in a particular order. This is known as the order of priority, where any failure to follow this order correctly could again result in you becoming personally liable to the creditors. The order of priority means that secured debts such as a mortgage must be paid prior to even funeral expenses and costs relating to the administration of the estate.

Given the risk involved of dealing with an insolvent estate, you may want to consider renouncing your role and responsibilities as an executor, although ideally this should be done before you have become actively involved in dealing with the deceased’s affairs.

Should I seek legal advice when dealing with a deceased’s estate?

Given the potential consequences of failing to identify all outstanding creditors or incorrectly administering an insolvent estate, it's often best to seek expert advice from a probate specialist as soon as possible. In this way you can explore the options available to you and what steps to take to protect yourself from any personal liability.

How do you get an annulment?

There are two ways to legally bring a marriage to an end: a divorce or an annulment. Although annulments of marriage are relatively rare in the UK, they are legally possible. Essentially, an annulment acknowledges and declares that the marriage has become or was always invalid, i.e. that it no longer or never validly existed. In contrast, a divorce is a legal process in which a valid marriage is dissolved. While a divorce legally ends or dissolves a marriage, an annulment can be used to declare the marriage null and void, as if the marriage never existed.  

Even though the outcome from obtaining a decree of nullity or decree absolute is broadly the same, such that you and your former spouse are each free to re-marry or enter into a civil partnership, the grounds for getting an annulment or a divorce are entirely different. This means that you don’t necessarily get a choice between applying for an annulment or a divorce, where you can only get an annulment in very limited circumstances.

In order to annul a marriage, you or your spouse must have either have lived in England or Wales for a period of no less than one year or had a permanent home in England or Wales for at least six months. You would also need to show either one of the following:  

•   The marriage was not legally valid in the first place, ie: it was ‘void’

•   The marriage was legally valid but meets one of the criteria that would make it ‘voidable’.

A void marriage, ie; one that will be considered by the Court as having never taken place, are the ones where, for example: 

•   You are closely related to the person you married

•   You or your ex were under the age of 16 when you married

•   You or your ex were already lawfully married or in a civil partnership when you married.

If a marriage was never legally valid, the law says that it never existed. That said, you may still need the paperwork, ie; a ‘decree of nullity’, to prove this if you want to get married again. In contrast, a marriage that is voidable, ie; that will be considered by the Court as capable of being annulled, will be treated as if it had existed up until a decree of nullity is granted. These are the ones where, for example: 

•   The marriage has not been consummated owing to either the incapacity or refusal of one party to consummate it, although this does not apply to same-sex couples

•   If one of you did not properly consent to the marriage, such as where you were forced into it or because you were not of sound mind

•   If one of you had a sexually transmitted disease at the time of the marriage

•   If the woman was pregnant by another man at the time of the marriage

•   If either party is in the process of transitioning to a different gender, or one of you did not know that the other person had an acquired gender at the time of the marriage.

Unlike divorce, where you have to wait for a year, you can apply to have a marriage annulled as soon as you get married, leaving you free to start over more quickly. However, annulments are a complex and misunderstood area of law, especially when it comes to dealing with financial separation, so specialist legal advice should always be sought.   

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

The importance of establishing land rights

When a parcel of land is sold, the seller will often retain rights relating to the passage of services over, under and through the land being transferred. These are known as easements, and can include things like rights of drainage or utilities. Equally, the buyer will usually be granted the same or similar rights over the neighbouring land remaining with the seller.

In theory, this all sounds fairly straight forward. If, however, an express repairing covenant is not included when the easement is created, a question that often arises is whether there is an ancillary right or an obligation on either the dominant or servient owner to repair the subject matter of the easement, such as a drainage ditch for surface water. This is especially the case where the medium for the utility is not being used by the land through which it runs.  

For example, the seller’s land may benefit from a connection to mains drainage directly from the highway drains for surface water, where the seller has installed a ditch to the drainage pipe which then runs through their land to serve the plot that they have sold. The potential problem here arises in that a seller who does not need to connect to that ditch and, as, such, it is entirely for the benefit of the buyer, is unlikely to be willing to accept responsibility for the ongoing repair and maintenance of that ditch, or at the very least for the cost of the same. 

In some cases the rights and obligations of each party may be clearly set out, for example, that the user of the ditch is to repair this at their own cost and, with that, they would have the right to access the seller’s land to do so. Alternatively, if the seller wishes to maintain control over the ditch and who accesses their land, the parties could agree to an obligation on the buyer to pay towards the costs of this. If the drainage ditch only serves the buyer’s land, then the parties may even agree to the buyer being responsible for the full cost. 

If, however, the repairing rights and obligations of the parties are not clearly defined from the outset, this can potentially lead to ongoing disputes later down the line. Moreover, where the buyer of the land is planning to develop their plot, this can cause significant and costly delays. This could be, for example, where a dispute arises over whom is responsible for unblocking a ditch, and whether or not the buyer is entitled to access the adjacent land to carry out works. 

As a developer, in addition to ensuring that easements required for utilities and services are not overlooked, it is vital that the repairing rights and obligations relating to the subject matter of any easement are properly defined. For this, expert legal advice must always be sought, ensuring that any repairing provisions are adequately and accurately drafted so as to protect your rights and safeguard your investment.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

Can a will be witnessed remotely?

In the wake of Covid-19, more and more people are putting in place a written will, where the pandemic has served as a stark reminder of our own mortality and the importance of planning ahead. Furthermore, in a world where self-isolation and social distancing measures remain a normal part of every day life, having a last will and testament witnessed remotely is, at least for now, a legalised and accepted practice.

Under the Wills Act 1837, for a will to be valid it must be in writing and signed by the testator in the presence of two witnesses present at the same time. The witnesses are also required to sign the document in the testator’s presence. However, these rather inflexible requirements were preventing those who had tested positive for coronavirus, or were otherwise required to self-isolate, from executing a valid will.

 As such, new legislation designed to combat these practical difficulties was rushed through Parliament by way of the Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020 SI 2020/952. This specifically amended the provisions under the 1837 Act relating to signing and attestation of wills, where the meaning of “presence” for the purposes of “being in the presence of two or more witnesses” or “in the presence of the testator” includes presence by means of videoconference or other visual transmission.

 The amended rules therefore allow a testator’s signature, as well as the witnesses’ signatures, to be witnessed via a live video link. This means that if the testator is required to self-isolate, or has been admitted into hospital where it is neither practical nor possible to have anyone attend in person to witness them signing their will, they can instead do this with their two witnesses present over Skype, FaceTime, Zoom or other video conferencing software.  Once the will has been signed by the testator it can then be posted to the witnesses, who sign it themselves in the presence of the testator, again over a live video link.

 The use of video-witnessed wills has undoubtedly come as a welcome development for many Covid-affected people looking for peace of mind that their last wishes can be validly recorded. Still, at the time of writing, this is only intended to be a temporary measure, applying to wills made between 31 January 2020 and 31 January 2022.

 The government has also advised that the use of video technology should only be used as a last resort. This is because the process of remote witnessing increases the possibility for fraud and abuse, where witnesses will simply be unable to tell if a third party is present, potentially coercing or forcing the testator to sign. The need to forward the signed will to the witnesses for their signatures also provides an opportunity for the will to be amended or substituted.

 Admittedly, the previous system was by no means perfect, although the temporary new law may now see a spike in cases of undue influence or fraud following the deaths of those who have signed their will in this way. It certainly seems to be the right time for a more permanent solution to be put in place, one which provides flexibility if needed, while continuing to protect the elderly and vulnerable from those seeking to exploit any procedural loophole.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

The decision-making process when vaccinating children against COVID-19

According to recent reports, children could soon be in-line to be vaccinated against COVID-19, with clinical trials already underway to test the safety and efficacy of the vaccine in younger age groups. Subject to being given the medical green light, the government is then likely to roll out an under-18’s vaccination programme within a matter of weeks. What then does this mean for the child(ren) of separated parents and where the decision-making lies within this process? 

For parents with a shared view on whether or not to have their child(ren) vaccinated, any potential dispute is likely to be limited to who runs them to their appointment or cares for them afterwards if they’re feeling unwell. If, on the other hand, parents have completely opposing views on vaccination against COVID-19, with one parent wanting to go ahead and the other strongly disagreeing, the matter may boil down to who has parental responsibility or, where both have parental responsibility, an order of the court.

Parental responsibility is a legal concept relating to the rights and responsibilities over a child. It is defined by section 3 of the Children Act 1989 as “all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child". Even though the statutory definition lacks detail, it clearly confers a legal status entitling the parent or holder to have a say in important decisions about a child’s upbringing. This includes, amongst other things, what medical treatment the child should receive.

 Not all parents are automatically entitled to parental responsibility. In circumstances where only one parent has parental responsibility but is in disagreement with the other parent over vaccination, the parent with responsibility has the deciding opinion. Here, the other parent would need to make an application to the court if they wanted to intervene.

Equally, in cases where both parents have parental responsibility for the child and agreement cannot be reached as to whether the child should receive the vaccine, the parents will need to make an application under section 8 of the 1989 Act for either of the following:

•   A Specific Issue Order: this determines a parenting issue that is in dispute in connection with any given aspect of parental responsibility for a child;

•   A Prohibited Steps Order: this prevents a person with parental responsibility from taking a step in relation to a child, for example, to stop a vaccination from being administered.

In these circumstances the court will make a decision on behalf of the parties based on what is considered in all the circumstances to be in the best interests of the child. That said, in the recent decision in M v H ( private law vaccination) [2020] EWFC 93 it was held that children should be vaccinated in-line with NHS vaccination schedules. 

That decision directly concerned the MMR vaccine. Still, the court did go on to say that it would be very difficult to foresee a situation in which a vaccination against COVID-19 approved for use in children would not be endorsed by the court as being in a child's best interests. As such, absent a well-evidenced contraindication specific to the child in question, it is possible that parents may find themselves being forced to submit their child(ren) for vaccination on order of the court.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.

Firm Expands Again!

Blackhurst Budd Solicitors have taken on an additional four members of staff in as many weeks as the firm continues to expand to keep pace with the Fylde Coast property market.

Kayleigh Green has joined as a conveyancing fee earner in the residential property team and David Dawson has joined the same department as a legal assistant. The firm’s new business team, which deals with new conveyancing enquiries and file opening, has been bolstered with the arrival of two new starters, Georgia Fleming and Sarah Grattan Webster.

According to Zoopla the average price for property in Blackpool stands at £135,871 as of May 2021. This is a rise of 1.43% since February 2021 and rise of 4.97% since 12 months ago.

Briony Haley, Director and Head of Property commented:

“The volume of conveyancing instructions we have received from clients across Blackpool and the Fylde Coast since the Stamp Duty holiday came into effect has been phenomenal. Given the large proportion of properties in the area that are beneath the standard stamp duty threshold, the rise in home movers cannot be solely attributed to the tax break though.

Many people have simply taken stock during lockdown and decided the time is to move on. Some people have been able to save additional funds and many people are looking for home working space.

We’re delighted to welcome our new starters throughout the department as they start their careers at Blackhurst Budd.”

Pictured L-R Georgia Fleming, David Dawson, Sarah Grattan Webster, Kayleigh Green.

The importance of putting in place a Lasting Power of Attorney (LPA)

The importance of putting in place a Lasting Power of Attorney cannot be underestimated, especially during the ongoing pandemic with the risk of any one of us or our loved ones becoming critically ill. Indeed, this has been the recent plight of television host, Kate Garraway, who has endured a prolonged period of her husband being hospitalised from coronavirus.

 The fact that the distraught TV presenter has been unable to deal with any of the bills or bank accounts in her husband’s name has undoubtedly added to the enormous pressure that she has been under during this difficult time. In a recent interview, Kate Garraway admitted that many of the practical problems she had been forced to face over the past year could so easily have been prevented if she and her husband had given each other a Lasting Power of Attorney.

 A Lasting Power of Attorney, or LPA, is a legal document in which you can appoint someone to manage your property and financial affairs in the event that you lose the mental capacity to do so yourself, or even if you temporarily need assistance, for example, during a stay in hospital. It is a common assumption that a spouse or partner would be automatically entitled to handle such matters on one's behalf if the need ever arose, but this is simply not the case.

 An LPA can also be used where important decisions about your health and welfare need to be made, from your day-to-day care to having a say about life-sustaining medical intervention.

 For so many of us, the idea of becoming seriously ill or injured, such that we are no longer able to make our own decisions or manage our own affairs is beyond comprehension. Sadly, it can and does happen, not just through old age and infirmity but often as a result of unexpected illness or accident. We simply cannot predict what is round the corner.

 Absent an LPA, your loved ones would have to apply through the courts, for example, for the right to manage your finances, and even then their application may not necessarily be granted. When it comes to important decision-making about either your property and finances, or your health and welfare, an LPA will therefore significantly lessen the emotional and practical strain on relatives should you become incapacitated.

 By seeking legal advice on how to put in place a Lasting Power of Attorney, you can feel reassured that important matters, such as money or medical decisions, can be easily dealt with in the event of illness or accident. Needless to say, the best time to do this is while you are fit and healthy. This will allow you to make a rational and dispassionate decision about who best to appoint and what you would like them to deal with. It will also ensure that no questions can be raised over the validity of your decision-making and the document itself.

 Having registered a Lasting Power of Attorney with the Office of the Public Guardian well in advance of any critical situation, you can go on to live your life with the peace of mind that your future, and that of your family, has been properly safeguarded.

Legal disclaimer

The matters contained herein are intended to be for general information purposes only. This blog does not constitute legal advice, nor is it a complete or authoritative statement of the law in England and Wales and should not be treated as such. Whilst every effort is made to ensure that the information is correct, no warranty, express or implied, is given as to its’ accuracy, and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should always be sought.