News

The “I will only need a Lasting Power of Attorney should I lose mental capacity” Myth

In the latest edition of her series of myth busting articles, Sarah Nash, Solicitor and Head of Astle Paterson’s Wills and Probate Department, discusses the common myth that a Lasting Power of Attorney is only relevant when a person loses their mental capacity.

Sarah said “Whilst most people’s motivation for making a Lasting Power of Attorney is to ensure their financial affairs and welfare can be managed in the event of them becoming permanently mentally incapacitated, a Lasting Power of Attorney’s benefits in other circumstances are often overlooked.

If, when the Lasting Power of Attorney is prepared, the person making the Power of Attorney provides that the document can be used as soon as it is registered, then it can be used with their consent whilst they still have mental capacity.

This is useful for people who are physically impaired but mentally capable as they can then direct their nominated person to carry out tasks on their behalf which may not be convenient or easy for them to do themselves.”

Sarah concluded “The circumstances in which a Lasting Power of Attorney are useful are wide ranging and we therefore always recommend that our clients consider making a Lasting Power of Attorney at an early stage – well before the actual need for one appears to be in sight.”

Should you like to meet with one of our specialist Wills & Probate Lawyers, please telephone the Department’s direct telephone number 01283 743969.

Back to News

More News from

Who can be an executor of a Will?

Table of Contents Friends or family membersThe alternative: A professional executorPitfalls of a professional executor: What to watch out forFollowing ...

Read More
Do it Yourself Probate: the tax pitfalls

There are a number of myths and misunderstandings about how Inheritace Tax works; that can be a problem with the ...

Read More
DIY Probate: beware the risks!

The practice of “DIY probate” may seem like a cheaper solution for lay executors, but it may in fact cost ...

Read More
The rules about Power of Attorney Gifts to family

Table of Contents What are the rules on Power of Attorney Gifts?A practical exampleWhat is the process of making Power ...

Read More
Five tips for avoiding the pitfalls of buying a property with your child

As lawyers, we are seeing an increasing number of cases where family members are pooling funds for shared ownership houses ...

Read More
New ISA regulations: What you need to know

As of 6th April 2018, it has become even more beneficial for couples to invest in an Individual Savings Account ...

Read More
Connect with Astle Paterson

Connect

Book an Appointment
Book an appointment
Burton on Trent Uttoxeter
Astle Paterson Accreditations

Business & Commercial   •   Conveyancing   •   Family   •   Litigation   •   Wills, Inheritance Tax & Probate   •   Employment