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FDR Law Legal Clinic - Does a LPA mean giving up control?

View profile for Ian Sydenham
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Legal advice from Ian Sydenham, Private Client Partner based at our office in Warrington
 
Q: My mother thinks a Lasting Power of Attorney means giving up control now; is she right?

A: No it does not mean that, but this is a common misconception about Lasting Powers of Attorney is, and is a comment we have often heard before.

Nobody relishes the thought of getting older but it is wise to plan ahead.  Sadly many people become unable to manage their medical or financial affairs personally, and appointing someone to do this for them at an earlier stage while they are still able to make and control the situation themselves can really help.

Planning ahead and preparing Lasting Powers of Attorney doesn’t stop your mother handling her own affairs now and it doesn’t mean that she is giving up control.  It simply means that something is in place in case it is ever needed.  Think of is as an insurance policy.

Preparing and registering a Power of Attorney can be a complex and lengthy process, but a specialist would guide your mother through it from start to finish.  It is worth noting that there are safeguards in place to ensure that your mother fully understands the situation and the likely scenarios in which Lasting Powers of Attorney can be used.  This includes independent witnesses and, potentially, other family members being contacted during the registration process. 

Additionally your mother could appoint more than one attorney to act on her behalf in the future and it is not uncommon to have two or more siblings with joint responsibility.

For further information on a Lasting Power of Attorney contact Ian Sydenham on ian.sydenham@fdrlaw.co.uk on 01925 230000