No Lasting Power of Attorney?
If you or your parents or your adult children have no Lasting Power of Attorney in place in place. If and when things go wrong (accident, operation that goes awry, serious illness etc) most people would think that their parents, husband/ wife or children would be able to take charge. That’s where no Lasting Power of Attorney would be a seriously bad idea…..
With no Lasting Power of Attorney
a common law spouse or partner or parent of a child over the age of 18 has NO legal right to take charge if there is no Lasting Power of Attorney.
But neither do any of the actual legal relatives – unless there are Lasting Powers of Attorney in place.
So if disaster strikes and you have no Lasting Power of Attorney, who will decide your fate?
Your friends or family will have to apply to the Court of Protection to be appointed as your “Deputy.” Which is just an expensive and restricted version of the Attorney you could have appointed under an Lasting Power of Attorney. Trouble is it won’t be up to you who the Court of Protection appoints to look after you. The Court of Protection don’t know your family or whom you would trust, so they may appoint entirely the wrong person.
If there is an argument over who should be appointed as your deputy, then YOU end up paying ALL their legal costs as the person who is being fought over. So costs could start at a couple of thousand but end up being tens of thousands – but wait, the penalty for having no Lasting Power of Attorney could be far worse financially.
If someone who doesn’t have your interests at heart takes over that could be a personal disaster. But what really can be a financial disaster is that the Court of Protection may, in the absence of a good agreed family candidate for the role of your “deputy,” appoint a solicitor to do everything for you.
Just imagine paying £180 to £300 an hour for a solicitor to pay your bills, make your decisions and come to see you to check up on you. If that doesn’t cost £10,000 a year you will be very lucky. So why not make a Lasting Power of Attorney today?
How to make an Lasting Power of Attorney with us.
With us, the process is reasonably simple for such a complex document. We have been working with them even before they are officially launched which enables us to advise on and create Lasting Power of Attorney at very sensible prices. But please don’t think that means you don’t get a decent service and proper advice on creating your Lasting Power of Attorney.
Why not ask for a copy of our FREE