Pictured above: Richard Ashton, of Linder Myers
Solicitors
Shropshire people are spending thousands of pounds on legal fees
because relatives are failing to appoint power of attorney, a
county solicitor claimed today.
People across the county have a chance to make a Lasting Power
of Attorney - a document to appoint another person to look after
their financial affairs and welfare decisions if required.
But many people are not taking the steps to appoint an attorney
and county solicitors are being drafted in to help relatives left
with problems and facing high fees to sort things out.
Richard Ashton, of Linder Myers Solicitors in Shrewsbury, said:
"The ability to make an LPA gives you the power to choose a trusted
family member, friend or lawyer to make decisions on your behalf if
you are not able to do so.
"If you do not make an LPA and you lose the capacity to make
decisions in the future, you won't be able to choose who you
want to look after your affairs. A family member, friend or advisor
may be left having to make an application to the Court of
Protection which is ultimately costly and time-consuming.
"As well as the considerable initial cost of the application,
there are also annual fees payable to the court and to insurance
brokers as a condition of the appointment. The court supervision
fee could be as much as £800 per year and the annual
insurance premium can be as much as £1,000 per year."
Mr Ashton said a number of families in Shropshire were
experiencing the problems that can arise out of people not making
an LPA.
He added: "None of us know when illness or sudden incapacity may
strike. A 51-year-old client of the firm had a routine operation
which unfortunately resulted in multi-organ failure and septic
shock. Despite her chances of survival being minimal she did
survive, but tragically remained in a persistent vegetative state
for the next eight years.
"Her husband had to make an application to the Court of
Protection to appoint himself as her deputy in order that he could
take care of her affairs. This was a time-consuming and costly
procedure.
"Once appointed he could only act for his wife according to the
instructions issued by the court of protection and was required to
report to the Court of Protection on an annual basis."