fbpx
Oakwood Solicitors
  • « Back
  • « Back
  • « Back

News

Elder Abuse Awareness Day 2020

10:30, 15/6/2020

Home » News & Knowledge » Elder Abuse Awareness Day 2020

With Elder Abuse Awareness Day today – June 15th 2020, it was refreshing to see the topic being discussed on ITV’s Loose Women recently.

Whilst focusing on the financial abuse of elders, one of the panel mentioned that she had been recommended to obtain a Power of Attorney by her solicitor. Although she acknowledged that it was a sensible and practical decision, she explained that she has no plans to prepare a Power of Attorney because she is clinging onto her independence.

As a firm that specialises in Private Client work, the statement by the panel member confirmed the common misconception that having a Lasting Power of Attorney strips you of your independence and highlighted that many do not understand the repercussions of not having a Lasting Power of Attorney in place if you then become physically or mentally incapacitated.

Elder Abuse Awareness Day 2020

 

So, how do you keep your independence whilst having a Lasting Power of Attorney?

Some people choose to prepare their Lasting Power of Attorney (LPA) in advance but, hold off on registering it with the Office of the Public Guardian (OPG) for the time being. The LPA cannot be used by your attorneys until it is registered. Whilst you have mental capacity, this option allows you to amend your chosen attorneys in the future if there is a change in your circumstances.

You may choose to register your LPA in the future as and when you decide it is necessary. If you lose mental capacity, your attorneys will register this document on your behalf. It can take around 8 weeks to receive the registered LPA back from the OPG. During this time, your attorneys will not have the authority to make decisions on your behalf. This can cause problems if an urgent decision is required.

Another option is to prepare and register your LPA now. The registered LPA is ready to use straight away but, can be stored until such time as you choose to give the authority to your attorneys, or until you have lost mental capacity. We would recommend you store your registered LPA with your solicitor to avoid the document from being used without your authority. The LPA will only be handed to you with your instructions, or to your attorneys upon confirmation from a medical professional that you have lost mental capacity.

Whilst carrying out their role as your attorney, your attorneys are required to follow the guidance set down by the Mental Capacity Act 2005, namely:

  • to act in your best interests at all times
  • To assume that you can make your own decisions unless it is established that you cannot
  • to act in a non-restrictive manner – just because you wish to make what the attorney may deem an unwise decision doesn’t mean that it is the wrong decision for you
  • to consult with you when making decisions (wherever possible)
  • to promote your independence as far as possible – by helping you make as many of your own decisions as you can, taking all practical steps to help you make that decision. They must only treat you as unable to make a decision if they have not succeeded in helping you make those decisions.

What are the risks of holding off preparing an LPA whilst I have capacity?

Unfortunately, you can’t always predict when or if you will lose capacity. Unexpected incidents occur where individuals are left physically or mentally incapacitated on a temporary or permanent basis. This has been highlighted even more by the result of the current pandemic, the consequences of which no one could have predicted. Thousands of individuals have received medical treatment and in the most extreme cases have spent several weeks in intensive care.

By having an LPA during times such as these enables the attorneys appointed to deal with the financial affairs  of the incapacitated person or make decisions relating to their health and welfare matters whilst they are unable to do so.

An LPA can only be prepared by an individual who has capacity. Therefore, if your loved ones need to make decisions on your behalf, such as accessing your accounts to complete payments, stopping unnecessary direct debits, speaking to third parties on your behalf, they cannot do so without legal authority.

Whilst you don’t have capacity, your loved ones only option is to apply to the Court of Protection to make an application to be appointed as your deputy. This process is often timely and more costly than making an LPA. Decisions are delayed whilst awaiting the Courts decision and unlike an LPA, it is ultimately for the Court to appoint who will be your deputy, instead of you choosing who will act on your behalf.

Whilst you have the ability to exercise your independence, we recommend you take control of your situation and put measures in place to protect your choices. Don’t put off preparing your Lasting Power of Attorney.

Oakwood Solicitors Ltd

 

Why choose Oakwood Solicitors Ltd?

Oakwood Solicitors can assist you through this process and provide you with the necessary advice. Our team have gained an excellent reputation amongst local organisations and their client-base for delivering a personal and compassionate service. As a firm we pride ourselves on having a high standard of customer service and making all our current and potential clients feel at ease when making any decisions regarding their future wishes.

You will have a dedicated advisor who will work through the Lasting Powers of Attorney process with you from start to finish, assisting you in the event of any queries or issues you may have. Your advisor will also continue to provide regular updates until your application has been completed. We will ensure the process is as stress-free and effortless as possible.

WHAT TO DO NEXT

Get in touch today for a free initial consultation in complete confidence. Choose one of the methods on the right-hand side of this page, or call us on 0113 200 9787 to find out how we can help you.

Wills and Probate – The Digital World and You

In the ever-evolving digital world we live in, the majority of us have a social media presence and online accounts. So what happens to these when we die?   Your Will and th…

View

How To Sign Your Will Whilst Social Distancing

From 23 March 2020 the Government Lockdown resulted in all Solicitors’ offices being closed for client meetings due to the Coronavirus and social distancing measures were put in place. &nb…

View

Homemade Wills – Should I make my own Will?

Many of us may feel that we do not need a Will, or that our instructions are so simple, we can make our own Will at home explaining what we wish to happen in the event of our death.   …

View

News categories

Why Oakwood?

Here at Oakwood Solicitors, we’re not your average law firm – our team delivers a service which caters to you. From assessing your case through to completion, our staff have not only the knowledge and expertise, but also the compassion and understanding to put you at ease throughout the process.

Get in touch

    *Required fields

    You are leaving Oakwood Solicitors' website.

    Please click here to continue to the Oakwood Property Solicitors' website.

    Continue
    Property Transfer house graphic
    Loading

    Cookies

    This website uses cookies. You can read more information about why we do this, and what they are used for here.

    Accept Decline