A leading Midland lawyer specialising in the welfare of elderly
people has welcomed the introduction of shorter and less complex
documents relating to Lasting Powers of Attorney.
Sofia Tayton is a solicitor in the private client department at
Stratford law firm Lodders and regional co-ordinator for the South
Warwickshire and Worcestershire branch of Solicitors for the
Elderly.
She says: "We've been using 'new' Lasting Power of Attorney
forms for 20 days now and I think they will turn out to be a major
improvement on what was available before."
Solicitors for the Elderly had been heavily involved in the
consultation process leading up to the preparation and launch of
the new LPA forms.
"The previous LPA forms were cumbersome and unclear - at least
25 pages long - making it easy for mistakes to be made as they were
being completed.
"Due to this perceived complexity, people had been looking at
other ways to help their relatives with their money - ways which
offered no protection to either party and don't always stay within
the law
"There has been a long consultation, and new LPA forms were
launched that are shorter, clearer and altogether friendlier
documents to use."
Miss Tayton warned that while the new forms were less
formidable, the issues regarding choice of attorneys, restricting
the authority, the registration of the power and the need for a
certificate provider remained.
"People should remember that the level of authority they are
giving their attorneys is wide ranging, and as with all legal
documents, they should take advice from a professional if they have
any queries.
"In the past if someone wanted a trusted person act for him or
her to deal with financial affairs an Enduring Power of Attorney
could be sought.
"Many people still have Enduring Power of Attorney in place and
these documents remain perfectly valid.
"However, since October 1 2007 anyone wanting to appoint an
attorney in these circumstances has had to prepare a Lasting Power
of Attorney. People in any doubt as to their status in these
circumstances should seek legal advice immediately."