Lasting powers of attorney - fictional case study
Mrs B is 63. She has a stroke out of the blue and this makes her think about what might happen if something worse happened and she wasn’t prepared. What would happen to her finances? The last thing she wants is for her daughter to be burdened with confusion at a time when she might be very upset.
What would we advise?
We would advise Mrs B to make lasting powers of attorney to cover both her financial and property affairs and health and welfare (subject to her still having the requisite mental capacity). This would allow her daughter to make financial decisions on her behalf, but only ever in her interest, should she become unable to do so herself. This would include allowing her daughter to sell her home to pay for the right care for her needs.
It would also give her daughter power to make the right decisions about her care – without this, medical professionals and social workers could disregard her daughter’s wishes. Mrs B should speak to her daughter carefully about her wishes before making the lasting power of attorneys.