LETTER OF THE LAW
Power Points We talk to David Shackleton of Eccles Heddon Solicitors about Lasting Powers of Attorney David Shackleton obtained a Masters degree in Law at Leeds Metropolitan University and is currently a Partner and Head of the Private Client Department at Eccles Heddon’s Ripon office. Most people are well aware what a will is, even if they haven’t actually got round to making one yet. Lasting powers of attorney are equally important when it comes to taking sensible precautions regarding your own and your family’s future, but are much less widely understood. A power of attorney, explains David, is a legal mechanism that enables someone to appoint trusted family members or friends as attorneys to make decisions about important matters on their behalf should they have an accident or illness that deprives them of their mental capacity. “There are two types of lasting power of attorney, and a person can nominate a different attorney or set of attorneys for each type. Property and financial affairs powers of attorney cover issues such as managing bank accounts, pensions, investments and property.”
“Health and welfare powers of attorney cover issues such as what kind of care a person receives – for example choice of care home – and giving or refusing consent to particular kinds of medical treatment. “Typically accidents and illnesses that make it impossible for you to handle your own affairs come out of the blue,” says David. “Suddenly you’re in the situation that your property and assets still belong to you but you’re unable to manage them yourself. A lasting power of attorney resolves the situation, but you have to set it up in advance, before you know you need it – that’s to say while you still have the mental capacity to put it in place. “I often describe a lasting power of attorney as akin to home insurance. You set up your insurance and pay your premium, but it’s not until later on, if something goes wrong, that it proves to be worthwhile. And if it does turn out to be needed, you and your family will be jolly glad you put it in place. “Of course it’s not necessarily a sudden event that can deprive a person of their mental capacity; it could, for example, be a progressive disease. If that’s the case then it’s very important they don’t postpone putting a power of attorney in place. Once mental capacity has waned it’s too late to start the process.”
Dales Life | SUMMER 2022 |
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