Lasting Power of Attorney Case Study


Client Situation

Our clients came in to discuss making Mirror Wills and Lasting Powers of Attorney, as they had been through an upsetting experience when they found out one of their mothers had dementia.

They had wanted to set up a Lasting Power of Attorney for her at this point so they could help her and make decisions on her behalf. However, she was deemed to not have the mental capacity to make decisions for herself, and our clients found out they would have to apply for a Deputyship Order from the Court of Protection.

They wanted to avoid putting their own children through a similar experience and chose to set up Lasting Powers of Attorney covering both property and finances and health and welfare. The children would be named as Attorneys, so they could make decisions on their behalf if they were unable to do so themselves.

How We Helped

One of our Wills and Trusts Solicitors advised on the types of decisions that can be made under both types of Lasting Powers of Attorney (LPA) and how each LPA is different from the other. One issue we had to consider was the fact one of their children lives in another country, so we advised on how she could also be appointed and how this may affect the LPAs.

After informing them of their options, we prepared the LPA application forms and arranged a time for them to come into the office with their children, where we advised on the signing of the Lasting Power of Attorney documents, and what this meant for both the clients and the children in their capacity as Attorneys.

We were then able to act as the certificate provider and witness on the LPA application forms. Next, we sent the forms with advice on how to sign the documents to the daughter who lives abroad. She signed and returned the documents to us.

We were able to confirm everything had been signed correctly and the Lasting Powers of Attorney were then sent to the Office of the Public Guardian for registration. We later received all the registered LPA documents and agreed to store these for the clients.

The Outcome

The clients are happy that they have made Mirror Wills and LPAs to ensure their future wishes are known and that their family can help them in as stress-free a manner as possible. They are also happy knowing that they and their children know who to contact should a situation arise that their Lasting Powers of Attorney may be needed.

For more information see How the Court of Protection Can Help Your Family.

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