Fylde lawyer's warning over power of attorney

An LPA is a legal document which lets people appoint an ‘attorney’ to help them make decisions, or make decisions if they become unable to do so themselves.

There are two types, covering health and welfare, and property and financial affairs.

Now Victoria Cross, associate solicitor in the wills and estate planning team at law firm Napthens’ Blackpool and Fylde office, is warning of the importance of having LPAs drawn up properly.

She said: “LPAs can be very effective, very important documents which can help if people lose capacity – they can protect a business or farm, ensuring third parties can be paid and accounts accessed.

“They can address finances at home and make sure the individual involved can decide how they would like to be cared for.

“However, we have seen a number of cases where LPAs haven’t been drawn up properly and don’t offer these levels of protection. Getting good and proper legal advice at the outset when an LPA is being set up is the key.

“The increase in numbers of people living with conditions like dementia means the protection offered by an LPA has never been more important and will continue to play an important role.

“Therefore people should not attempt to do it themselves without appreciating the seriousness of what is involved.”