Recent media attention on the Court of Protection and the
importance of a document like a Lasting Power of Attorney has been
praised for raising the profile of a serious issue by a
Warwickshire lawyer who specialises in care for the elderly.
Sofia Tayton, an associate at Lodders Solicitors in
Stratford-upon-Avon, said an item on BBC's The One Show by Dom
Littlewood highlighted just how important it was to plan properly
for the future.
"Two things came across loud and clear," she said.
"It is not enough simply to have made a will if you think you or
your spouse may become incapacitated at some date in the future. A
Lasting Power of Attorney is vital in laying out precisely what
your intentions are, should you need someone else to look after
your affairs.
"If you take steps to appoint people you trust to look after
your affairs in the future while you have the capacity to make that
appointment, then you can save an awful lot of time and effort down
the line."
She added that Enduring Powers of Attorney that people had
already made before the new LPAs came into effect were still
valid.
"If you have not made either an EPA or an LPA, then the Court of
Protection will appoint a Deputy - more often than not someone who
is not a family member. The Deputy, not the Government or any state
department, is the one who will control the money and assets of
someone who has lost capacity.
"The Court of Protection will keep an eye on what the Deputy
does and will expect an annual account to be completed detailing
what the Deputy has done with the money and assets during the past
year."
There had been a fair amount of public comment about the cost of
obtaining an LPA, with some strong comments being aimed at the
legal profession.
"There are a lot of grumbles about the cost of having LPAs
prepared, but much of the comment is misinformed as the costs
quoted are often the cost of the registration - ie £120 per
form, and do not involve the solicitor's time and costs.
"It is possible to access all the forms online, and the
involvement of a solicitor is not strictly necessary, but it is a
bit like doing your own electrics - fine if you know exactly what
you are doing and don't have wet hands, for example," she said.
The registration fee of £120 that the Office of the Public
Guardian charge to register each LPA can be waived for those on
benefits or who have below a certain level of capital.
"If you consider the potential costs of going through the Court
of Protection to have a Deputy appointed, an LPA is very good
value.
"Sadly, Deputies and Attorneys have limited powers to make
gifts, so this can result in family members having to ask the
permission of the Court to gift money from a father to a daughter -
it all depends on the amounts involved," said Mrs Tayton.
"If you are concerned about what might become of your money and
assets if you became incapacitated, it is best to take professional
advice to ensure you have made the right decisions and put in place
the correct paperwork.
"There have been a lot of complaints about the Court of
Protection and in December Sir Mark Potter, the President of the
Court of Protection, announced he was setting up a committee to
review the rules again.
"With an LPA registered it is safely there for a time when it
may be needed. You will have avoided the worry of the long
registration period and if there were mistakes in a self made LPA,
it might be declared void when you were already incapacitated and
it is too late to do anything about it."
Sofia Tayton can be contacted at Lodders Solicitors, Number Ten,
Elm Court, Arden Street, Stratford-upon-Avon, Warwickshire, CV37
6PA or by telephoning 01789 293259.